Ostan v. 40 Realty, Inc.

Appellate Division of the Supreme Court of New York

Ostan v. 40 Realty, Inc.

11 A.D.2d 710, 204 N.Y.S.2d 582, 1960 N.Y. App. Div. LEXIS 9310

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

DecidedJune 13, 1960

StatusPublished

This text of 11 A.D.2d 710 (Ostan v. 40 Realty, 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

Ostan v. 40 Realty, Inc., 11 A.D.2d 710, 204 N.Y.S.2d 582, 1960 N.Y. App. Div. LEXIS 9310 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for wrongful death, defendant appeals from an order of the [711]*711Supreme Court, Queens County, entered September 29, 1959, denying its motion (1) to dismiss the complaint for lack of prosecution, and (2) to vacate plaintiff’s notice to examine defendant before trial. Order affirmed, without costs; the examination to proceed on 20 days’ notice or on a date to be mutually fixed. No prejudice to defendant was shown to have resulted from the delay of 14 months between the joinder of issue and the making of this motion (Keller v. Nat. Auto Renting Co., 10 A D 2d 578; Brill v. County of Westchester, 4 A P 2d 690). Beldoek, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ.. concur.

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In an action to recover damages for wrongful death, defendant appeals from an order of the [711]*711Supreme Court, Queens County, entered September 29, 1959, denying its motion (1) to dismiss the complaint for lack of prosecution, and (2) to vacate plaintiff’s notice to examine defendant before trial. Order affirmed, without costs; the examination to proceed on 20 days’ notice or on a date to be mutually fixed. No prejudice to defendant was shown to have resulted from the delay of 14 months between the joinder of issue and the making of this motion (Keller v. Nat. Auto Renting Co., 10 A D 2d 578; Brill v. County of Westchester, 4 A P 2d 690). Beldoek, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ.. concur.

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Bluebook (online)

11 A.D.2d 710, 204 N.Y.S.2d 582, 1960 N.Y. App. Div. LEXIS 9310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostan-v-40-realty-inc-nyappdiv-1960.