Legal Opinion
Salwen Paper Co. v. Lynch
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1985PublishedCited by 2 opinions
1Opinion of the Court
*896Discovery had not been completed since plaintiff had not answered defendant’s interrogatories or complied with its notice to produce. Therefore, the action was not ready for trial and plaintiff’s note of issue and statement of readiness should have been vacated and the action should have been stricken from the Trial Calendar (22 NYCRR 675.4; Smart v Conklin Brass & Copper Co., 96 AD2d 591; Najjar v National Kinney Corp., 89 AD2d 845). Under the circumstances, neither dismissal nor an award of counsel fees was warranted, but it was an appropriate exercise of Special Term’s discretion to order…
2Cases cited6 opinions
- Zambelis v. NicholasAppellate Division of the Supreme Court of the State of New York · 1983
- Coffey v. Orbachs, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- Goldner v. Lendor Structures, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
- Blessin v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1982
- Najjar v. National Kinney Corp.Appellate Division of the Supreme Court of the State of New York · 1982
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3Cited by2 opinions
- Gibson v. Encompass InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Silverman v. CaplinAppellate Division of the Supreme Court of the State of New York · 1993