Appellate Division of the Supreme Court of New York, 1974

Livingston v. Kaufman

Livingston v. Kaufman
Appellate Division of the Supreme Court of New York · Decided April 18, 1974
44 A.D.2d 668; 354 N.Y.S.2d 440; 1974 N.Y. App. Div. LEXIS 5220
Livingston v. Kaufman

Opinion of the Court

Order, Supreme Court, Bronx County, entered on December 19, 1973, granting plaintiff’s motion to restore this personal injury action to the Trial Calendar, unanimously modified, in the exercise of discretion, by adding thereto a provision imposing $250 costs on plaintiff’s attorneys, payable to defendant-appellant, Ravitz, and, as so modified, the order is affirmed, without costs and without disbursements. Plaintiff’s attorneys failed to timely serve and file a statement of readiness herein and failed thereafter to promptly move to restore this action to the calendar. Under the circumstances it was an improper exercise of discretion to grant the plaintiff’s motion without the imposition of suitable terms (Moran v. Rynar, 39 A D 2d 718; Davies v. Arno Serv. Co., N. Y. L. J., March 18, 1974, p. 16, col. 1). Concur—Markewich, J. P., Kupferman, Murphy, Tilzer and Capozzoli, JJ.

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