Maselli v. Great Adventure

Appellate Division of the Supreme Court of New York

Maselli v. Great Adventure

87 A.D.2d 606, 450 N.Y.S.2d 417, 1982 N.Y. App. Div. LEXIS 15899

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1982

StatusPublished

This text of 87 A.D.2d 606 (Maselli v. Great Adventure) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maselli v. Great Adventure, 87 A.D.2d 606, 450 N.Y.S.2d 417, 1982 N.Y. App. Div. LEXIS 15899 (N.Y. Ct. App. 1982).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County (Walsh, J.), dated September 15,1981, which, inter alia, denied his motion to strike defendant’s answer because of defendant’s failure to appear for a court-ordered deposition and granted defendant’s cross motion to open its default at the deposition on condition that defendant’s attorney pay plaintiff $500. Order modified, on the law, by increasing the sum the defendant’s attorney is to pay to plaintiff to $1,500. As so modified, order affirmed, without costs or disbursements. The defendant’s attorney’s time to make the payment is extended until 30 days after service upon him of a copy of the order to be made hereon, with notice of entry. The examination before trial directed in the order under review shall proceed at the place set forth in said order at a time to be fixed by the plaintiff in a written notice of not less than 10 days, or at such other time and place as the parties may agree. The penalty imposed was inadequate to the extent indicated. Titone, J. P., Lazer, O’Connor and Rubin, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County (Walsh, J.), dated September 15,1981, which, inter alia, denied his motion to strike defendant’s answer because of defendant’s failure to appear for a court-ordered deposition and granted defendant’s cross motion to open its default at the deposition on condition that defendant’s attorney pay plaintiff $500. Order modified, on the law, by increasing the sum the defendant’s attorney is to pay to plaintiff to $1,500. As so modified, order affirmed, without costs or disbursements. The defendant’s attorney’s time to make the payment is extended until 30 days after service upon him of a copy of the order to be made hereon, with notice of entry. The examination before trial directed in the order under review shall proceed at the place set forth in said order at a time to be fixed by the plaintiff in a written notice of not less than 10 days, or at such other time and place as the parties may agree. The penalty imposed was inadequate to the extent indicated. Titone, J. P., Lazer, O’Connor and Rubin, JJ., concur.

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Bluebook (online)

87 A.D.2d 606, 450 N.Y.S.2d 417, 1982 N.Y. App. Div. LEXIS 15899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maselli-v-great-adventure-nyappdiv-1982.