Byron O. Taxi, Inc. v. Swartz

Application pursuant to CPLR article 78 seeking to prohibit respondent Supreme Court Justice from conducting an inquest in an underlying personal injury action, on written submissions alone, pursuant to the “Special Rules on Submission of Inquests, Justice Richard B. Lowe, IAS Part 22,” unanimously denied, and the petition dismissed, without costs.

Petitioners, as defendants in the underlying personal injury action, defaulted by failing to appear for a court-ordered deposition. After respondent-plaintiff filed a note of issue demanding a nonjury inquest, petitioners’ attorneys received a…