Wilgard v. Skyways Construction Co.

Appellate Division of the Supreme Court of New York

Wilgard v. Skyways Construction Co.

22 A.D.2d 707, 254 N.Y.S.2d 821, 1964 N.Y. App. Div. LEXIS 2978

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

DecidedOctober 26, 1964

StatusPublished

This text of 22 A.D.2d 707 (Wilgard v. Skyways Construction Co.) 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

Wilgard v. Skyways Construction Co., 22 A.D.2d 707, 254 N.Y.S.2d 821, 1964 N.Y. App. Div. LEXIS 2978 (N.Y. Ct. App. 1964).

Pincite

Opinion

In an action to recover damages for personal injury, defendants [708]*708Skyway Construction Co. Inc. and 148 West 48th Coup., and the third-party defendant Walton Electric Co., Inc., appeal from an order of the Supreme Court, Kings County, dated April 3, 1964, which granted plaintiff’s motion to restore the action to the calendar for trial, and which directed that the action be placed on the Ready Calendar for a day certain. Order reversed, without costs; motion denied; and action directed to be struck from the calendar. Upon the facts and circumstances disclosed by this record, it is our opinion that Special Term improvidently exercised its discretion in restoring this nine-year old action to the calendar. Beldock, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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In an action to recover damages for personal injury, defendants [708]*708Skyway Construction Co. Inc. and 148 West 48th Coup., and the third-party defendant Walton Electric Co., Inc., appeal from an order of the Supreme Court, Kings County, dated April 3, 1964, which granted plaintiff’s motion to restore the action to the calendar for trial, and which directed that the action be placed on the Ready Calendar for a day certain. Order reversed, without costs; motion denied; and action directed to be struck from the calendar. Upon the facts and circumstances disclosed by this record, it is our opinion that Special Term improvidently exercised its discretion in restoring this nine-year old action to the calendar. Beldock, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

22 A.D.2d 707, 254 N.Y.S.2d 821, 1964 N.Y. App. Div. LEXIS 2978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilgard-v-skyways-construction-co-nyappdiv-1964.