Williams v. Nolde

Full title: ELSTON WILLIAMS, Appellant, v. WILLIAM NOLDE et al., Respondents

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

Date published: Apr 11, 1994

203 A.D.2d 360 (N.Y. App. Div. 1994)

612 N.Y.S.2d 917

Opinion

April 11, 1994

Appeal from the Supreme Court, Kings County (Krausman, J.).

Ordered that the order is affirmed insofar as appealed from, with costs to respondent Wilford Earl Armistead.

The defendants in this case contend that they should be afforded the opportunity to conduct examinations before trial. We agree that the defendants should have such an opportunity (see, CPLR 3212 [f]). We additionally find that the defendants did not fail to ascertain the facts due to their own inaction (see, Meath v Mishrick, 68 N.Y.2d 992, 994; cf., Guarino v Mohawk Containers Co., 59 N.Y.2d 753, 754; Edwards v Terryville Meat Co., 178 A.D.2d 580). Bracken, J.P., Lawrence, Copertino and Florio, JJ., concur.