Qouc Hung Tran v. Denman

Appellate Division of the Supreme Court of New York

Qouc Hung Tran v. Denman

46 A.D.2d 669, 360 N.Y.S.2d 41, 1974 N.Y. App. Div. LEXIS 3996

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

DecidedOctober 15, 1974

StatusPublished

Cited by1 cases

This text of 46 A.D.2d 669 (Qouc Hung Tran v. Denman) 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

Qouc Hung Tran v. Denman, 46 A.D.2d 669, 360 N.Y.S.2d 41, 1974 N.Y. App. Div. LEXIS 3996 (N.Y. Ct. App. 1974).

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Opinion

In a negligence action to recover damages for personal injuries, etc., defendant appeals from order of the Supreme Court, Nassau County, dated April 17, 1974, which ¡denied her motion to vacate the note of issue and statement of readiness and to strike the action from the calendar. Order, modified by adding thereto a provision that defendant may conduct a pretrial examination of plaintiffs within '60 days after the entry of the order hereon. As so modified, order affirmed, with $20 costs and disbursements to plaintiffs. The examination shall be held within 60 days after entry of the order to be made hereon and upon a written notice of not less than 10 days, to be given by defendant. In view of the short time which elapsed between the filing of the note of issue and statement of readiness and the making of defendant's motion, the latter should not ,be foreclosed from conducting a pretrial examination (Timmes v. Yeager, 28 A D 2d 997; Jongerius v. Good Samaritan Hosp., 44 A D 2d 719). Hopkins, Acting P. J., Martuseello, Latham, Shapiro and Christ, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendant appeals from order of the Supreme Court, Nassau County, dated April 17, 1974, which ¡denied her motion to vacate the note of issue and statement of readiness and to strike the action from the calendar. Order, modified by adding thereto a provision that defendant may conduct a pretrial examination of plaintiffs within '60 days after the entry of the order hereon. As so modified, order affirmed, with $20 costs and disbursements to plaintiffs. The examination shall be held within 60 days after entry of the order to be made hereon and upon a written notice of not less than 10 days, to be given by defendant. In view of the short time which elapsed between the filing of the note of issue and statement of readiness and the making of defendant's motion, the latter should not ,be foreclosed from conducting a pretrial examination (Timmes v. Yeager, 28 A D 2d 997; Jongerius v. Good Samaritan Hosp., 44 A D 2d 719). Hopkins, Acting P. J., Martuseello, Latham, Shapiro and Christ, JJ., concur.

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Bluebook (online)

46 A.D.2d 669, 360 N.Y.S.2d 41, 1974 N.Y. App. Div. LEXIS 3996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qouc-hung-tran-v-denman-nyappdiv-1974.

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