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Price v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 277 (N.Y. App. Div. 1995)

Opinion

December 12, 1995

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).


The motion court as a court of coordinate jurisdiction properly declined to review the order of the trial court which, after declaring a mistrial, struck plaintiffs' case from the trial calendar and conditioned restoration upon the filing of a new note of issue. However, since the trial should have been rescheduled pursuant to 22 NYCRR 202.45, we grant a preference in the interest of justice and direct an immediate trial (CPLR 3403 [a] [3]), conditioned upon plaintiffs filing the note of issue as directed by the motion court.

Concur — Ellerin, J.P., Rubin, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Price v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 277 (N.Y. App. Div. 1995)
Case details for

Price v. New York City Housing Authority

Case Details

Full title:FUNDISHA PRICE, an Infant by Her Mother and Natural Guardian, SHII PRICE…

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

Date published: Dec 12, 1995

Citations

222 A.D.2d 277 (N.Y. App. Div. 1995)
635 N.Y.S.2d 191