From Casetext: Smarter Legal Research

Trust Company of New Jersey v. Young

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 561 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).


Plaintiff sued defendant Barek alleging that Barek was one of eight guarantors of a note made by Federal Plaza Medical Associates, Inc. After a hearing before a Judicial Hearing Officer, it was found that Barek had never signed, ratified, or authorized anyone to sign the note. The IAS court confirmed the JHO's report.

Plaintiff asserts that the IAS court improperly referred the case to the JHO. However, the IAS court appropriately framed the limited issues to be dealt with and referred them to a Referee. (See, CPLR 3211 [c]; 3212 [c]; CPLR 2218.) Indeed, there was good reason to believe that a determination of these limited issues would likely dispose of the case. (See, 4 Weinstein-Korn-Miller, N Y Civ Prac ¶ 3211.45.)

While plaintiff urges that the issues were determined before it had an opportunity to conduct discovery, plaintiff never made an attempt over the five-month period between the IAS court's referral and the commencement of the hearing to obtain court-ordered discovery. Moreover, plaintiff presented four witnesses and a handwriting expert to support its position and was thus not prejudiced by any lack of discovery.

We have considered plaintiff's other claims and find them to be meritless.

Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Smith, JJ.


Summaries of

Trust Company of New Jersey v. Young

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 561 (N.Y. App. Div. 1991)
Case details for

Trust Company of New Jersey v. Young

Case Details

Full title:TRUST COMPANY OF NEW JERSEY, Appellant, v. SIMON YOUNG et al., Defendants…

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 561 (N.Y. App. Div. 1991)
564 N.Y.S.2d 413

Citing Cases

40th Associates v. Alison, Baer Sec., Inc.

Both the tenant, and Britz under his personal guaranty, waived their right to a jury trial with respect to…

272 SHERMAN v. Vasquez

Petitioner has withdrawn its motion to dismiss respondent's defenses and for summary judgment. Since…