Siracusa v. Teal's Express, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed, with costs, and motion denied. Memorandum: It was an improvident exercise of discretion for Special Term to vacate plaintiff’s note of issue and statement of readiness and to dismiss his complaint for failure to prosecute. Two of the defendants, Morgia’s and Bell, had noticed plaintiff for an examination before trial (E.B.T.) and Bell had requested a physical examination of plaintiff. Because of the unavailability of defense counsel at various times, a date was not agreed upon. By letter dated December 15,1981, Bell’s attorney requested the other attorneys to…
2Cases cited6 opinions
- Niagara Falls Urban Renewal Agency v. Pomeroy Real Estate Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Donnelly v. PepicelliNew York Court of Appeals · 1983
- Cerrone v. S'DoiaAppellate Division of the Supreme Court of the State of New York · 1960
- Niagara Falls Urban Renewal Agency v. Pomeroy Real Estate Corp.New York Court of Appeals · 1980
- Semler v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gray v. Crouse-Irving Memorial Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Brown v. Veterans Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Cosenza v. MalvinAppellate Division of the Supreme Court of the State of New York · 1990
- Witmer v. BiehlsAppellate Division of the Supreme Court of the State of New York · 1995
- Darko v. New York City Transit AuthorityNew York Supreme Court · 2006
3 more not listed; retrieve them via the Exa API.