Legal Opinion

Sherman v. Stack

Civil Court of the City of New York

Decided February 18, 1976Published

1Opinion of the CourtNorman C. Ryp, J.

Leaping, even in a Leap Year, without looking often means action without accomplishment. Defendant’s motion for an order striking plaintiff’s notice of trial and statement of readiness, pursuant to 22 NYCRR 2900.16(c), is granted as set forth hereinbelow. CPLR 3402 (subd [a]) is inapplicable to original Civil Court actions. (See CCA, §§ 1001, 1301.)

The court compliments plaintiff’s timely and speedy leap year filing of his notice of trial and statement of readiness. However, such a leap requires a look at the statement of readiness, which requires that: "all preliminary proceedings allowed by…

2Cases cited1 opinion

  1. Geller v. Mahsons Realty Corp.Civil Court of the City of New York · 1975

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