Eaton v. Equitable Life Assurance Society of United States, Inc.

I write more fully than does Judge Wachtler to express my dismay and concern that Barasch v Micucci (49 NY2d 594), which expressly stated that only in “rare instances” (Barasch, at p 601) could or would we superimpose our authority as a court of law in matters relating to the everyday management of litigation, has not stayed within bounds. For, in the hierarchy of New York courts, such issues are, and should be, left essentially in the hands of the four departments of the Appellate Division and, in the first instance, of the courts over which they exercise their supervisory powers.

It is…