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Walker v. Saftler Kirschner

Appellate Division of the Supreme Court of New York, First Department
Feb 6, 1997
236 A.D.2d 224 (N.Y. App. Div. 1997)

Opinion

February 6, 1997.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about August 21, 1996, which denied defendants' motion to vacate the note of issue, unanimously affirmed, without costs.

Before: Murphy, P.J., Rubin, Tom and Andrias, JJ.


Although disclosure had not been completed when the note of issue was filed, the IAS Court properly denied defendants' motion to vacate the note of issue since both parties, particularly defendants, had been inordinately dilatory, resulting in little disclosure having taken place over the five years that the action has been pending ( Work-O-Lite Co. v Lighting Unlimited, 198 AD2d 144, 145; Hutchins v Wand, 82 AD2d 928). In addition, plaintiff, who is 82 years of age and suffering from a chronic heart condition, had previously been granted a trial preference by a different Justice aware of the status of the case. Under the circumstances, any further delay would severely prejudice him.


Summaries of

Walker v. Saftler Kirschner

Appellate Division of the Supreme Court of New York, First Department
Feb 6, 1997
236 A.D.2d 224 (N.Y. App. Div. 1997)
Case details for

Walker v. Saftler Kirschner

Case Details

Full title:MICHAEL DESIDERIO et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: Feb 6, 1997

Citations

236 A.D.2d 224 (N.Y. App. Div. 1997)
653 N.Y.S.2d 337

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