Wood v. Montefiore Medical Center

Appellate Division of the Supreme Court of New York

Wood v. Montefiore Medical Center

160 A.D.2d 487, 554 N.Y.S.2d 1004, 1990 N.Y. App. Div. LEXIS 4386

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

DecidedApril 19, 1990

StatusPublished

This text of 160 A.D.2d 487 (Wood v. Montefiore Medical Center) 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

Wood v. Montefiore Medical Center, 160 A.D.2d 487, 554 N.Y.S.2d 1004, 1990 N.Y. App. Div. LEXIS 4386 (N.Y. Ct. App. 1990).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Jack Turret, J.), entered on July 11, 1989, unanimously modified, on the law and the facts and in the exercise of discretion, to the extent of directing that the action be restored to the Trial Calendar upon the payment of the sum of $500 personally by plaintiff’s counsel, as provided in the order, and otherwise affirmed, without costs. In the event that the condition is not complied with, defendants’ motion to dismiss is granted, with costs.

Under the circumstances, the trial court did not abuse its discretion in denying a continuance, declaring a mistrial, and marking the action off calendar (Matter of Anthony M., 63 NY2d 270, 283-284). However, in view of the trial court’s determination that a dismissal is not warranted, with which we agree, and in view of the request for "such * * * relief as * * * may [be] just and proper” in plaintiff’s cross motion, we believe that the trial court should have provided that the action be restored to the Trial Calendar upon compliance with the direction that plaintiff’s counsel personally pay the defendants the sum of $500 within 30 days after service of a copy of the order with notice of entry thereon. Concur—Murphy, P. J., Sullivan, Milonas, Kassal and Wallach, JJ.

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

—Order, Supreme Court, Bronx County (Jack Turret, J.), entered on July 11, 1989, unanimously modified, on the law and the facts and in the exercise of discretion, to the extent of directing that the action be restored to the Trial Calendar upon the payment of the sum of $500 personally by plaintiff’s counsel, as provided in the order, and otherwise affirmed, without costs. In the event that the condition is not complied with, defendants’ motion to dismiss is granted, with costs.

Under the circumstances, the trial court did not abuse its discretion in denying a continuance, declaring a mistrial, and marking the action off calendar (Matter of Anthony M., 63 NY2d 270, 283-284). However, in view of the trial court’s determination that a dismissal is not warranted, with which we agree, and in view of the request for "such * * * relief as * * * may [be] just and proper” in plaintiff’s cross motion, we believe that the trial court should have provided that the action be restored to the Trial Calendar upon compliance with the direction that plaintiff’s counsel personally pay the defendants the sum of $500 within 30 days after service of a copy of the order with notice of entry thereon. Concur—Murphy, P. J., Sullivan, Milonas, Kassal and Wallach, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

160 A.D.2d 487, 554 N.Y.S.2d 1004, 1990 N.Y. App. Div. LEXIS 4386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-montefiore-medical-center-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack