(Download) "Ruth Timmes v. Ann Yeager" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Ruth Timmes v. Ann Yeager
- Author : Supreme Court of New York
- Release Date : January 02, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
In an action to recover damages for wrongful death and personal injuries, defendant Yeager appeals (1) from an order of the Supreme Court, Nassau County dated March 28, 1967, which denied her motion to vacate plaintiff's statement of readiness and strike the cause from the Trial Calendar and, (2) as limited by her brief, from so much of an order of said court dated the same day as granted plaintiff's cross motion for a protective order vacating said defendant's notice to examine plaintiff before trial. Order granting plaintiff's cross motion reversed insofar as appealed from; and, in accordance, a provision is herewith added thereto to the effect that the cross motion is granted only as to defendant Di Mase's notice to examine and denied as to defendant Yeager's notice to examine; and order denying defendant Yeager's motion reversed and motion granted, unless plaintiff submits to a pretrial examination by said defendant upon 10 days' written notice; with one bill of $10 costs and disbursements. In view of plaintiff's precipitate action in filing the note of issue and statement of readiness, in our opinion it was an improvident exercise of discretion to foreclose defendant Yeager from conducting the pretrial examination, particularly as to, but not limited to, the issue of damages (Fitzgerald v. Primmer, 1 Misc. 2d 403; Barnello v. Paul-Jeffrey Co., 283 App. Div. 996; 3 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3101.02). Beldock, P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.
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