Richichi v. Grillo

Appellate Division of the Supreme Court of New York

Richichi v. Grillo

42 A.D.2d 875, 346 N.Y.S.2d 860, 1973 N.Y. App. Div. LEXIS 3667

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

DecidedAugust 13, 1973

StatusPublished

Cited by2 cases

This text of 42 A.D.2d 875 (Richichi v. Grillo) 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

Richichi v. Grillo, 42 A.D.2d 875, 346 N.Y.S.2d 860, 1973 N.Y. App. Div. LEXIS 3667 (N.Y. Ct. App. 1973).

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Opinion

In a negligence action to recover damages for personal injuries sustained by respondent on August 31, 1966, defendants appeal from an order of the Nassau County Supreme Court, entered March 26, 1973, which granted plaintiff’s motion to remove the action from the Military Suspense Calendar, and restore it to the Ready Day Calendar. Two prior motions for similar relief had been denied in 1971. In our opinion, the order sought to be reviewed is not appealable as of right. However, to reach the merits of the appeal, leave to appeal is granted wwie pro tuna. Order modified, on the law and the facts, by deleting therefrom the words “11th day of June, 1973” in the final decretal paragraph, and substituting therefor the words “the-8th day of October, 1973”. As so modified, order affirmed, with $20 costs and disbursements. On the merits, we find that there was no abuse of discretion by Special Term in vacating the stay of the trial because the one defendant with personal knowledge of the facts surrounding the accident was serving in the United States Navy, and stationed in Naples, Italy. There was no showing that he could not secure leave to attend the trial or adduce his proof by deposition (Boone V. Idghtner, 319 U. S. 561; Tabor v. Miller> 389 F. 2d 645). Hopkins, Acting P. J., Munder, Latham, Christ and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries sustained by respondent on August 31, 1966, defendants appeal from an order of the Nassau County Supreme Court, entered March 26, 1973, which granted plaintiff’s motion to remove the action from the Military Suspense Calendar, and restore it to the Ready Day Calendar. Two prior motions for similar relief had been denied in 1971. In our opinion, the order sought to be reviewed is not appealable as of right. However, to reach the merits of the appeal, leave to appeal is granted wwie pro tuna. Order modified, on the law and the facts, by deleting therefrom the words “11th day of June, 1973” in the final decretal paragraph, and substituting therefor the words “the-8th day of October, 1973”. As so modified, order affirmed, with $20 costs and disbursements. On the merits, we find that there was no abuse of discretion by Special Term in vacating the stay of the trial because the one defendant with personal knowledge of the facts surrounding the accident was serving in the United States Navy, and stationed in Naples, Italy. There was no showing that he could not secure leave to attend the trial or adduce his proof by deposition (Boone V. Idghtner, 319 U. S. 561; Tabor v. Miller> 389 F. 2d 645). Hopkins, Acting P. J., Munder, Latham, Christ and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 875, 346 N.Y.S.2d 860, 1973 N.Y. App. Div. LEXIS 3667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richichi-v-grillo-nyappdiv-1973.

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