Recon Car Corp. v. Chrysler Corp.

Appellate Division of the Supreme Court of New York

Recon Car Corp. v. Chrysler Corp.

89 A.D.2d 586, 452 N.Y.S.2d 326, 1982 N.Y. App. Div. LEXIS 17655

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

DecidedJuly 12, 1982

StatusPublished

Cited by1 cases

This text of 89 A.D.2d 586 (Recon Car Corp. v. Chrysler 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

Recon Car Corp. v. Chrysler Corp., 89 A.D.2d 586, 452 N.Y.S.2d 326, 1982 N.Y. App. Div. LEXIS 17655 (N.Y. Ct. App. 1982).

Pincite

Opinion

In an action to recover for, inter alia, services rendered, the defendant appeals from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated November 10, 1981, as denied its motion to, inter alia, vacate the note of issue and certificate of readiness and to strike the matter from the calendar. Order reversed, insofar as appealed from, with $50 costs and disbursements, and defendant’s motion granted to the extent that the note of issue and certificate of readiness are vacated and the action is stricken from the Trial Calendar. On the instant record it is clear that plaintiff filed the note of issue and certificate of readiness even though it knew that defendant’s discovery had not been completed. Under the circumstances, Special Term should have granted the defendant’s motion to the extent indicated. O’Connor, J. P., Thompson, Niehoff and Rubin, JJ., concur.

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In an action to recover for, inter alia, services rendered, the defendant appeals from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated November 10, 1981, as denied its motion to, inter alia, vacate the note of issue and certificate of readiness and to strike the matter from the calendar. Order reversed, insofar as appealed from, with $50 costs and disbursements, and defendant’s motion granted to the extent that the note of issue and certificate of readiness are vacated and the action is stricken from the Trial Calendar. On the instant record it is clear that plaintiff filed the note of issue and certificate of readiness even though it knew that defendant’s discovery had not been completed. Under the circumstances, Special Term should have granted the defendant’s motion to the extent indicated. O’Connor, J. P., Thompson, Niehoff and Rubin, JJ., concur.

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Bluebook (online)

89 A.D.2d 586, 452 N.Y.S.2d 326, 1982 N.Y. App. Div. LEXIS 17655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/recon-car-corp-v-chrysler-corp-nyappdiv-1982.

Opinion

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