AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

OTTO MARZIAN, Respondent, v. RUSSELL D'OENCH, Defendant, and GRACE NATIONAL BANK OF NEW YORK, as Trustee, Appellant.

In a negligence action to recover damages for personal injuries, defendant Grace National Bank of New York, as trustee, appeals from two separate orders of the Supreme Court, Queens County, dated respectively December 13, 1966 and December 15, 1966, each of which granted a single motion by plaintiff to vacate the dismissal of the action because of his failure to file a statement of readiness, permitted him to file such statement and restored the action to its original position on the Trial Term Calendar. Orders reversed, with $10 costs and disbursements, and motion denied. In our opinion, slothful and casual supervision of the calendar status of a pending action by a plaintiff's counsel, as heretofore pronounced by this court, "may not serve to defeat the mandatory requirements of the rule calling for the filing of a statement of readiness" ( Abbey v. Trynin, 9 A.D.2d 913; Green v. Long Is. School of Aeronautics, 12 A.D.2d 640). Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

Use AI to get other relevant cases.

Comments

MARZIAN v. D'OENCH
(Jun 26, 1967)