Legal Opinion

Joseph v. Propst

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

Decided June 2, 2003PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated May 29, 2002, as denied their motion to vacate the plaintiffs note of issue and certificate of readiness.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendants’ motion to vacate the note of issue and certificate of readiness upon its ordering additional pretrial discovery (see RonelBennett, Inc. v…

2Cases cited4 opinions

  1. Watts v. Town of GardinerAppellate Division of the Supreme Court of the State of New York · 1982
  2. Long Island Lighting Co. v. Assessor of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1986
  3. Easley v. DykeAppellate Division of the Supreme Court of the State of New York · 1985
  4. Ronel-Bennett, Inc. v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by4 opinions

  1. Encarnacion v. MonierAppellate Division of the Supreme Court of the State of New York · 2011
  2. Rampersant v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  3. Narissi v. HussainAppellate Division of the Supreme Court of the State of New York · 2011
  4. Grand Lodge of the Ind. Order of Odd Fellows of the State of N.Y. v. RutiglianoAppellate Division of the Supreme Court of the State of New York · 2021

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