Ossad v. 125 East Broadway Corp.

Appellate Division of the Supreme Court of New York

Ossad v. 125 East Broadway Corp.

6 A.D.2d 827, 176 N.Y.S.2d 21, 1958 N.Y. App. Div. LEXIS 5463

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

DecidedJune 23, 1958

StatusPublished

This text of 6 A.D.2d 827 (Ossad v. 125 East Broadway Corp.) 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

Ossad v. 125 East Broadway Corp., 6 A.D.2d 827, 176 N.Y.S.2d 21, 1958 N.Y. App. Div. LEXIS 5463 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to recover damages for personal injuries, the appeal is from an order granting a motion to vacate a notice to examine respondent before trial. The notice was served nine months subsequent to joinder of issue, [828]*828and after respondent had filed a statement of readiness (see Rules App. Div. [2d Dept.], special rule, eff. Jan. 15, 1957, as amd.). Order reversed, with $10 costs and disbursements, and motion denied; the examination to proceed on five days’ notice. Within 20 days after the statement of readiness was filed, appellant moved, pursuant to subdivision (4) of the special rule, to strike the cause from the calendar. That motion was denied “without prejudice to the independent determination of [appellant’s] right to examine [respondent] ”. The denial to appellant of the right to examine the respondent, under the circumstances here presented, was an improvident exercise of discretion. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover damages for personal injuries, the appeal is from an order granting a motion to vacate a notice to examine respondent before trial. The notice was served nine months subsequent to joinder of issue, [828]*828and after respondent had filed a statement of readiness (see Rules App. Div. [2d Dept.], special rule, eff. Jan. 15, 1957, as amd.). Order reversed, with $10 costs and disbursements, and motion denied; the examination to proceed on five days’ notice. Within 20 days after the statement of readiness was filed, appellant moved, pursuant to subdivision (4) of the special rule, to strike the cause from the calendar. That motion was denied “without prejudice to the independent determination of [appellant’s] right to examine [respondent] ”. The denial to appellant of the right to examine the respondent, under the circumstances here presented, was an improvident exercise of discretion. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

6 A.D.2d 827, 176 N.Y.S.2d 21, 1958 N.Y. App. Div. LEXIS 5463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ossad-v-125-east-broadway-corp-nyappdiv-1958.