Smith v. Hayutin

Appellate Division of the Supreme Court of New York

Smith v. Hayutin

29 A.D.2d 561, 286 N.Y.S.2d 1014, 1967 N.Y. App. Div. LEXIS 2695

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

DecidedDecember 20, 1967

StatusPublished

This text of 29 A.D.2d 561 (Smith v. Hayutin) 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

Smith v. Hayutin, 29 A.D.2d 561, 286 N.Y.S.2d 1014, 1967 N.Y. App. Div. LEXIS 2695 (N.Y. Ct. App. 1967).

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Opinion

Order Order of the Supreme Court, Queens County, dated August 7, 1967, modified, on the law and the facts and in the exercise of discretion, by striking out the second and third ordering paragraphs, which pertain to examinations before trial. As so modified, order affirmed, with $10 costs and disbursements. In our opinion, the moving papers failed to establish the development of unusual and unanticipated conditions subsequent to placing the action on the Trial Calendar with respect to examinations before trial (Negron v. Kaufman, 26 A D 2d 548; Williams v. New York City Tr. Aufh., 23 A D 2d 590). Christ, Acting P. J., Brennan, Hopkins and Munder, JJ., concur; Rabin, J., dissents and votes to affirm the order.

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Order Order of the Supreme Court, Queens County, dated August 7, 1967, modified, on the law and the facts and in the exercise of discretion, by striking out the second and third ordering paragraphs, which pertain to examinations before trial. As so modified, order affirmed, with $10 costs and disbursements. In our opinion, the moving papers failed to establish the development of unusual and unanticipated conditions subsequent to placing the action on the Trial Calendar with respect to examinations before trial (Negron v. Kaufman, 26 A D 2d 548; Williams v. New York City Tr. Aufh., 23 A D 2d 590). Christ, Acting P. J., Brennan, Hopkins and Munder, JJ., concur; Rabin, J., dissents and votes to affirm the order.

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Bluebook (online)

29 A.D.2d 561, 286 N.Y.S.2d 1014, 1967 N.Y. App. Div. LEXIS 2695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-hayutin-nyappdiv-1967.