Legal Opinion
Cooper v. Swallow
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1976PublishedCited by 7 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, entered January 19, 1976 in Albany County, which granted a motion by plaintiff to compel an examination before trial of defendant Donald J. Swallow. This is an appeal from an order allowing an examination before trial of one of the defendants more than one year after a Trial Term note of issue and statement of readiness had been filed by plaintiff (22 NYCRR 861.10). Although as a general rule the statement of readiness rule should be rigidly enforced (Wahrhaftig v Space Design Group, 33 AD2d 953), in a case such as the instant wrongful death action,…
2Cases cited4 opinions
- Wahrhaftig v. Space Design Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- 68 Fifth Ave. Rest. Inc. v. 59 Fifth Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1971
- D'Angelo v. GoddardAppellate Division of the Supreme Court of the State of New York · 1968
- Farrell v. ReedAppellate Division of the Supreme Court of the State of New York · 1962
3Cited by7 opinions
- Cole v. Rappazzo Electric Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Connell v. City of New YorkCivil Court of the City of New York · 1979
- Davis v. High Society Magazine, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Cole v. Rappazzo Electric Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Fox v. Wyeth Laboratories, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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