Volino v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Volino v. Long Island Railroad

53 A.D.3d 545, 859 N.Y.S.2d 870

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

DecidedJuly 8, 2008

StatusPublished

This text of 53 A.D.3d 545 (Volino v. Long Island Railroad) 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

Volino v. Long Island Railroad, 53 A.D.3d 545, 859 N.Y.S.2d 870 (N.Y. Ct. App. 2008).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered January 28, 2008, which denied that branch of his motion which was for post-note of issue discovery.

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and that branch of the plaintiffs motion which was for post-note of issue discovery is granted.

Upon the particular circumstances of this case it was an improvident exercise of discretion to deny that branch of the plaintiffs motion which was for post-note of issue discovery (see 22 NYCRR 202.21 [d]). Skelos, J.P., Miller, Carni and Chambers, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered January 28, 2008, which denied that branch of his motion which was for post-note of issue discovery.

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and that branch of the plaintiffs motion which was for post-note of issue discovery is granted.

Upon the particular circumstances of this case it was an improvident exercise of discretion to deny that branch of the plaintiffs motion which was for post-note of issue discovery (see 22 NYCRR 202.21 [d]). Skelos, J.P., Miller, Carni and Chambers, JJ., concur.

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Bluebook (online)

53 A.D.3d 545, 859 N.Y.S.2d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/volino-v-long-island-railroad-nyappdiv-2008.