AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

ILENE CARTE et al., Respondents, v. IRWIN SEGALL, Appellant, et al., Defendants.

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.

Use AI to get other relevant cases.

Comments

CARTE v. SEGALL
(Nov 16, 1987)