Perrone v. Federated Taxpayers Ass'n

Appellate Division of the Supreme Court of New York

Perrone v. Federated Taxpayers Ass'n

4 A.D.2d 935, 167 N.Y.S.2d 484, 1957 N.Y. App. Div. LEXIS 4059

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

DecidedNovember 6, 1957

StatusPublished

This text of 4 A.D.2d 935 (Perrone v. Federated Taxpayers Ass'n) 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

Perrone v. Federated Taxpayers Ass'n, 4 A.D.2d 935, 167 N.Y.S.2d 484, 1957 N.Y. App. Div. LEXIS 4059 (N.Y. Ct. App. 1957).

Pincite

Opinion

While the court at pretrial is completely justified in advancing a ease for trial, if satisfied that the tactics employed by a defendant are dilatory or that a defendant is not proceeding in good faith, we nevertheless are constrained to reverse the order. At the time the preference was granted, no certificate of readiness had been filed in accordance with the “ Special Rule respecting calendar practice.” Order reversed and motion granted. Settle order on notice. Concur — Breitel, J. P., Botein, Frank, Valente and McNally, JJ.

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While the court at pretrial is completely justified in advancing a ease for trial, if satisfied that the tactics employed by a defendant are dilatory or that a defendant is not proceeding in good faith, we nevertheless are constrained to reverse the order. At the time the preference was granted, no certificate of readiness had been filed in accordance with the “ Special Rule respecting calendar practice.” Order reversed and motion granted. Settle order on notice. Concur — Breitel, J. P., Botein, Frank, Valente and McNally, JJ.

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Bluebook (online)

4 A.D.2d 935, 167 N.Y.S.2d 484, 1957 N.Y. App. Div. LEXIS 4059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perrone-v-federated-taxpayers-assn-nyappdiv-1957.