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Smith v. Hayutin

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1967
29 A.D.2d 561 (N.Y. App. Div. 1967)

Opinion

December 20, 1967


Order of the Supreme Court, Queens County, dated August 7, 1967, modified, on the law and the facts and in the exercise of discretion, by striking out the second and third ordering paragraphs, which pertain to examinations before trial. As so modified, order affirmed, with $10 costs and disbursements. In our opinion, the moving papers failed to establish the development of unusual and unanticipated conditions subsequent to placing the action on the Trial Calendar with respect to examinations before trial ( Negron v. Kaufman, 26 A.D.2d 548; Williams v. New York City Tr. Auth., 23 A.D.2d 590). Christ, Acting P.J., Brennan, Hopkins and Munder, JJ., concur; Rabin, J., dissents and votes to affirm the order.


Summaries of

Smith v. Hayutin

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1967
29 A.D.2d 561 (N.Y. App. Div. 1967)
Case details for

Smith v. Hayutin

Case Details

Full title:PHILIP J. SMITH et al., Appellants, v. MARVIN HAYUTIN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 20, 1967

Citations

29 A.D.2d 561 (N.Y. App. Div. 1967)