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Carte v. Segall

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1987
134 A.D.2d 396 (N.Y. App. Div. 1987)

Opinion

November 16, 1987

Appeal from the Supreme Court, Kings County (Bellard, J.).


Ordered that the order is reversed insofar as appealed from, without costs or disbursements, the motion is granted, and the action is stricken from the Trial Calendar pending further discovery.

As the plaintiffs concede, the court of first instance erroneously refused to strike the action from the calendar pending further discovery, in light of the extensive discovery which has yet to be completed, of which the plaintiffs were clearly cognizant when they filed the certificate of readiness falsely declaring that preliminary proceedings had been either completed or waived (see, Recon Car Corp. v. Chrysler Corp., 89 A.D.2d 586; 22 NYCRR 202.21 [b], [c]).

Contrary to the appellant's contention, however, the plaintiffs have not waived their right to further discovery. If an action is stricken from the calendar, the parties will be returned "to their original pre-note of issue discovery status" (3A Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 3106.05a). Mangano, J.P., Thompson, Lawrence and Kunzeman, JJ., concur.


Summaries of

Carte v. Segall

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1987
134 A.D.2d 396 (N.Y. App. Div. 1987)
Case details for

Carte v. Segall

Case Details

Full title:ILENE CARTE et al., Respondents, v. IRWIN SEGALL, Appellant, et al.…

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

Date published: Nov 16, 1987

Citations

134 A.D.2d 396 (N.Y. App. Div. 1987)

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