Legal Opinion
Simmons v. Kemble
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1989PublishedCited by 3 opinions
1Opinion of the CourtMahoney, P. J.
Appeal from that part of an order of the Supreme Court (Bradley, J.), entered April 20, 1988 in Ulster County, which denied plaintiffs’ motion to strike a note of issue filed by defendant.
This action pursuant to RPAPL articles 5 and 15 was commenced by service of a summons and complaint on December 11, 1986. An answer and counterclaim was served on December 24, 1986. A reply to the counterclaim was served shortly thereafter. On December 26, 1986, defendant demanded a bill of particulars and noticed an oral deposition of plaintiffs for January 1987. Plaintiffs did not appear at the deposition…
2Cases cited3 opinions
- Laudico v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Bycomp, Inc. v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1986
- Collins v. Jamestown Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by3 opinions
- Ireland v. Geico Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Remark Electric Corp. v. Manshul Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Rosen v. MosbyAppellate Division of the Supreme Court of the State of New York · 2020