Witmer v. Biehls

Appellate Division of the Supreme Court of New York

Witmer v. Biehls

219 A.D.2d 870, 632 N.Y.S.2d 43, 1995 N.Y. App. Div. LEXIS 11029

Appellate Division of the Supreme Court of the State of New York·Decided September 29, 1995·Published·Cited by 2 cases

Opinion

Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court improvidently exercised its discretion in granting, defendant additional time to complete discovery. By demanding that plaintiff file a note of issue, with the concomitant necessity of filing a statement of readiness, defendant waived his right to further discovery. A demand for such filing is inconsistent with a demand for discovery (see, King v Milazzo, 155 AD2d 1000; Siragusa v Teal’s Express, 96 AD2d 749, 750). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Set Aside Note of Issue.) Present — Pine, J. P., Lawton, Wesley, Callahan and Doerr, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court improvidently exercised its discretion in granting, defendant additional time to complete discovery. By demanding that plaintiff file a note of issue, with the concomitant necessity of filing a statement of readiness, defendant waived his right to further discovery. A demand for such filing is inconsistent with a demand for discovery (see, King v Milazzo, 155 AD2d 1000; Siragusa v Teal’s Express, 96 AD2d 749, 750). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Set Aside Note of Issue.) Present — Pine, J. P., Lawton, Wesley, Callahan and Doerr, JJ.

Witmer v. Biehls, 219 A.D.2d 870, 632 N.Y.S.2d 43, 1995 N.Y. App. Div. LEXIS 11029 (N.Y. Ct. App. 1995).

Pincite

219 A.D.2d 870 (Witmer v. Biehls) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related