Rogers v. Hillside Associates

Appellate Division of the Supreme Court of New York

Rogers v. Hillside Associates

89 A.D.2d 1045, 456 N.Y.S.2d 116, 1982 N.Y. App. Div. LEXIS 18320

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

DecidedSeptember 23, 1982

StatusPublished

This text of 89 A.D.2d 1045 (Rogers v. Hillside Associates) 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

Rogers v. Hillside Associates, 89 A.D.2d 1045, 456 N.Y.S.2d 116, 1982 N.Y. App. Div. LEXIS 18320 (N.Y. Ct. App. 1982).

Pincite

Opinion

Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered November 27, 1981 in Saratoga County, which granted plaintiffs’ motion to restore this action to the Trial Calendar. The instant action was commenced in January, 1978, to recover money damages for alleged damages sustained by plaintiffs. After pretrial discovery was complete, the action was duly placed on the Trial Calendar on January 18, 1980. Subsequently, on March 5, 1981, a pretrial conference was held and a possible settlement was discussed. At the following calendar call on April 20, 1981, the case was marked “settled”. By order to show cause dated October 19,1981, plaintiffs moved to restore the case to the calendar. This motion was granted over defendant’s objection, and the instant appeal ensued. We see no reason to disturb Special Term’s discretion in finding that plaintiffs made the showing necessary to restore their action to the calendar (see Siegel, New York Practice, § 376, pp 483-485). Specifically, we note plaintiffs’ attorney’s statement that at the April 20,1981 calendar call it was the intention of all parties to have the case marked “ready” and, accordingly, he believed the case had been so marked. Order affirmed, with costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered November 27, 1981 in Saratoga County, which granted plaintiffs’ motion to restore this action to the Trial Calendar. The instant action was commenced in January, 1978, to recover money damages for alleged damages sustained by plaintiffs. After pretrial discovery was complete, the action was duly placed on the Trial Calendar on January 18, 1980. Subsequently, on March 5, 1981, a pretrial conference was held and a possible settlement was discussed. At the following calendar call on April 20, 1981, the case was marked “settled”. By order to show cause dated October 19,1981, plaintiffs moved to restore the case to the calendar. This motion was granted over defendant’s objection, and the instant appeal ensued. We see no reason to disturb Special Term’s discretion in finding that plaintiffs made the showing necessary to restore their action to the calendar (see Siegel, New York Practice, § 376, pp 483-485). Specifically, we note plaintiffs’ attorney’s statement that at the April 20,1981 calendar call it was the intention of all parties to have the case marked “ready” and, accordingly, he believed the case had been so marked. Order affirmed, with costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Bluebook (online)

89 A.D.2d 1045, 456 N.Y.S.2d 116, 1982 N.Y. App. Div. LEXIS 18320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-hillside-associates-nyappdiv-1982.