Appellate Division of the Supreme Court of New York, 1980

Santangelo v. County of Nassau

Santangelo v. County of Nassau
Appellate Division of the Supreme Court of New York · Decided October 27, 1980
78 A.D.2d 694; 434 N.Y.S.2d 664; 1980 N.Y. App. Div. LEXIS 13217
Santangelo v. County of Nassau

Opinion of the Court

In an action to recover damages, inter alia, for false arrest and defamation, defendants appeal 'from (1) an order of the Supreme Court, *695Nassau County, entered April 7, 1980, which, in effect, granted plaintiff’s motion for an examination before trial of defendants, upon condition that she consent to vacate the note of issue and statement of readiness and strike the action from the Trial Calendar, and (2) an order of the same court, entered April 23, 1980, which granted plaintiff’s motion, inter alia, to vacate the note of issue and statement of readiness. Orders affirmed, without costs or disbursements. It was not an abuse of discretion to allow plaintiff to remove the case from the calendar so that the purposes of reciprocal discovery could be effectuated. This matter has moved along expeditiously, and defendants are unable to point to any specific prejudice arising out of the orders appealed from. Hopkins, J. P., Rabin, Margett and O’Connor, JJ., concur.

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