Northern Lumber Co. v. United States Natural Resources, Inc.

Appellate Division of the Supreme Court of New York

Northern Lumber Co. v. United States Natural Resources, Inc.

47 A.D.2d 593, 363 N.Y.S.2d 687, 1975 N.Y. App. Div. LEXIS 8695

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

DecidedJanuary 28, 1975

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 47 A.D.2d 593 (Northern Lumber Co. v. United States Natural Resources, Inc.) 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

Northern Lumber Co. v. United States Natural Resources, Inc., 47 A.D.2d 593, 363 N.Y.S.2d 687, 1975 N.Y. App. Div. LEXIS 8695 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Order unanimously affirmed, with costs. Memorandum: Defendant appeals from an order denying its motion to strike the action from the trial calendar made within 20 days after the filing by plaintiff of a note of issue and statement of readiness. The motion was made on the ground that defendant had not completed all of its desired pretrial procedures. Plaintiff’s cause of action for breach of warranty was based upon purchase of certain machinery in August, 1967. Issue was joined by service of an answer on June 20, 1971. On January 14, 1972 plaintiff served its bill of particulars. Thereafter defendant examined certain officers and former officers of plaintiff. Its motion to strike was made three years and one month after issue was joined. This lapse of time provided more than reasonable opportunity for defendant to have completed all of its necessary pretrial procedures. Under these circumstances the order denying the motion to strike was a proper exercise of the court’s discretion. (Appeal from order of Herkimer County Court denying motion to strike from calendar.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Goldman, JJ.

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— Order unanimously affirmed, with costs. Memorandum: Defendant appeals from an order denying its motion to strike the action from the trial calendar made within 20 days after the filing by plaintiff of a note of issue and statement of readiness. The motion was made on the ground that defendant had not completed all of its desired pretrial procedures. Plaintiff’s cause of action for breach of warranty was based upon purchase of certain machinery in August, 1967. Issue was joined by service of an answer on June 20, 1971. On January 14, 1972 plaintiff served its bill of particulars. Thereafter defendant examined certain officers and former officers of plaintiff. Its motion to strike was made three years and one month after issue was joined. This lapse of time provided more than reasonable opportunity for defendant to have completed all of its necessary pretrial procedures. Under these circumstances the order denying the motion to strike was a proper exercise of the court’s discretion. (Appeal from order of Herkimer County Court denying motion to strike from calendar.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Goldman, JJ.

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Bluebook (online)

47 A.D.2d 593, 363 N.Y.S.2d 687, 1975 N.Y. App. Div. LEXIS 8695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northern-lumber-co-v-united-states-natural-resources-inc-nyappdiv-1975.

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