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Schwartz v. Cuozzo

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1974
46 A.D.2d 667 (N.Y. App. Div. 1974)

Opinion

October 15, 1974


In this negligence action to recover damages for personal injuries and wrongful death, defendants Cuozzo and Cornelia appeal from an order of the Supreme Court, Nassau County, dated February 14, 1974, which granted plaintiff's motion to restore the action to the trial calendar, upon certain conditions, and to permit the parties to conduct or complete pretrial examinations. Also under review is an order of the same court, dated April 22, 1974, which, inter alia, modified said earlier order (1) as to costs and (2) so as to fix a time for pretrial examinations. Orders affirmed, without costs. The trial of this long-overdue action is directed to proceed forthwith. Latham, Brennan and Benjamin, JJ., concur; Martuscello, Acting P.J., and Christ, J., dissent and vote to reverse the orders, deny plaintiff's motion and reinstate the previous dismissal of the action, on the ground that it was an abuse of discretion by Special Term to grant plaintiff's motion.


Summaries of

Schwartz v. Cuozzo

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1974
46 A.D.2d 667 (N.Y. App. Div. 1974)
Case details for

Schwartz v. Cuozzo

Case Details

Full title:ROSE SCHWARTZ, as Executrix of NELSON SCHWARTZ, Deceased, Respondent, v…

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

Date published: Oct 15, 1974

Citations

46 A.D.2d 667 (N.Y. App. Div. 1974)