Price v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Price v. New York City Housing Authority

222 A.D.2d 277, 635 N.Y.S.2d 191, 1995 N.Y. App. Div. LEXIS 13795

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

DecidedDecember 12, 1995

StatusPublished

This text of 222 A.D.2d 277 (Price v. New York City Housing Authority) 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

Price v. New York City Housing Authority, 222 A.D.2d 277, 635 N.Y.S.2d 191, 1995 N.Y. App. Div. LEXIS 13795 (N.Y. Ct. App. 1995).

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Opinion

—Order, Supreme Court, New York County (Edward Greenfield, J.), entered on or about July 26, 1995, which, insofar as appealed from, granted plaintiffs’ motion to reinstate the notice of issue and restore the case to the trial calendar under its present calendar number for an immediate trial to the extent of directing that the case be restored to the trial calendar upon the filing of a new note of issue, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of granting plaintiffs a trial preference pursuant to CPLR 3403 (a) (3), and otherwise affirmed, without costs.

The motion court as a court of coordinate jurisdiction properly declined to review the order of the trial court which, after declaring a mistrial, struck plaintiffs’ case from the trial calendar and conditioned restoration upon the filing of a new note of issue. However, since the trial should have been rescheduled pursuant to 22 NYCRR 202.45, we grant a preference in the interest of justice and direct an immediate trial (CPLR 3403 [a] [3]), conditioned upon plaintiffs filing the note of issue as directed by the motion court. Concur — Ellerin, J. P., Rubin, Nardelli, Williams and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Edward Greenfield, J.), entered on or about July 26, 1995, which, insofar as appealed from, granted plaintiffs’ motion to reinstate the notice of issue and restore the case to the trial calendar under its present calendar number for an immediate trial to the extent of directing that the case be restored to the trial calendar upon the filing of a new note of issue, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of granting plaintiffs a trial preference pursuant to CPLR 3403 (a) (3), and otherwise affirmed, without costs.

The motion court as a court of coordinate jurisdiction properly declined to review the order of the trial court which, after declaring a mistrial, struck plaintiffs’ case from the trial calendar and conditioned restoration upon the filing of a new note of issue. However, since the trial should have been rescheduled pursuant to 22 NYCRR 202.45, we grant a preference in the interest of justice and direct an immediate trial (CPLR 3403 [a] [3]), conditioned upon plaintiffs filing the note of issue as directed by the motion court. Concur — Ellerin, J. P., Rubin, Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

222 A.D.2d 277, 635 N.Y.S.2d 191, 1995 N.Y. App. Div. LEXIS 13795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-new-york-city-housing-authority-nyappdiv-1995.