Mac Asphalt Contracting Co. v. CMI Corp.

Appellate Division of the Supreme Court of New York

Mac Asphalt Contracting Co. v. CMI Corp.

46 A.D.2d 888, 361 N.Y.S.2d 393, 1974 N.Y. App. Div. LEXIS 3517

Appellate Division of the Supreme Court of the State of New York·Decided December 2, 1974·Published·Cited by 1 cases

Opinion

In an action to recover damages for breach of contract or misrepresentation, defendant appeals from an order of the Supreme Court, Queens County, dated July 15, 1974, which denied its motion to vacate plaintiff’s note of issue and statement of readiness and to strike the action from the Trial, Calendar. Order affirmed, without costs and with leave to defendant to initiate any pretrial discovery proceedings it deems necessary within 30 days after service of the order to be entered hereon with notice of entry thereof, and, if such proceedings be instituted, they shall be concluded expeditiously, all without prejudice to the position of the case on the calendar. Defendant should be permitted a reasonable period of time within which to conclude its investigation and pretrial discovery proceedings. However, it must do so in a prompt and expeditious manner, as above indicated. Shapiro, Acting P. J., Cohalan, Christ, Brennan and Munder, JJ., concur.

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In an action to recover damages for breach of contract or misrepresentation, defendant appeals from an order of the Supreme Court, Queens County, dated July 15, 1974, which denied its motion to vacate plaintiff’s note of issue and statement of readiness and to strike the action from the Trial, Calendar. Order affirmed, without costs and with leave to defendant to initiate any pretrial discovery proceedings it deems necessary within 30 days after service of the order to be entered hereon with notice of entry thereof, and, if such proceedings be instituted, they shall be concluded expeditiously, all without prejudice to the position of the case on the calendar. Defendant should be permitted a reasonable period of time within which to conclude its investigation and pretrial discovery proceedings. However, it must do so in a prompt and expeditious manner, as above indicated. Shapiro, Acting P. J., Cohalan, Christ, Brennan and Munder, JJ., concur.

Mac Asphalt Contracting Co. v. CMI Corp., 46 A.D.2d 888, 361 N.Y.S.2d 393, 1974 N.Y. App. Div. LEXIS 3517 (N.Y. Ct. App. 1974).

Pincite

46 A.D.2d 888 (Mac Asphalt Contracting Co. v. CMI Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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