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Mattocks v. White-Motor Corporation

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 628 (N.Y. App. Div. 1999)

Opinion

February 22, 1999

Appeal from the order of the Supreme Court, Nassau County (Feuerstein, J.).


Ordered that the appeals from the orders are dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 N.Y.C.P.L.R. [a] [1]).

The supervision of disclosure and the setting of reasonable terms and conditions therefor rests within the sound discretion of the trial court ( see, Matter of U.S. Pioneer Elec. Corp. [Nikko Elec. Corp.], 47 N.Y.2d 914, 916) and, absent an improvident exercise of that discretion, its determination will not be disturbed ( see, Kaplan v. Herbstein, 175 A.D.2d 200). This action was initially commenced in 1981. On June 7, 1995, after the plaintiff's lengthy delay in pursuing the action, the court issued its preliminary conference order setting October 7, 1995, as the date for the completion of discovery. Thereafter, the court issued three further orders dated January 11, 1996, March 27, 1996, and May 15, 1996, extending the plaintiff's time to complete discovery. The court denied the plaintiff's subsequent motion for an additional extension of time to conduct discovery and ordered the matter as certified ready for trial. By judgment dated January 5, 1998, the court dismissed the complaint upon the plaintiff's failure to comply with its June 10, 1997, directive to file a note of issue on or before July 11, 1997.

Under the circumstances, the court properly denied those branches of the plaintiff's motion which were to direct the defendant Modern Materials Handling Equipment Corporation to appear for a continued examination before trial and for a further extension of time to complete discovery. In addition, the action, was properly certified ready for trial by the court in its order dated June 10, 1997 ( cf., Kaplan v. Herbstein, supra, at 200-201).

In view of the plaintiff's concession that the appeal from the judgment raises no new issues, we affirm the dismissal of the complaint.

The parties' remaining contentions are without merit.

Mangano, P. J., Bracken, Krausman and McGinity, JJ., concur.


Summaries of

Mattocks v. White-Motor Corporation

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 628 (N.Y. App. Div. 1999)
Case details for

Mattocks v. White-Motor Corporation

Case Details

Full title:GEORGE MATTOCKS, Appellant, v. WHITE-MOTOR CORPORATION et al., Defendants…

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

Date published: Feb 22, 1999

Citations

258 A.D.2d 628 (N.Y. App. Div. 1999)
685 N.Y.S.2d 764

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