Rembert v. Lipshutz
Cases that cite this one
2 later published cases cite this decision.
- Buongiovanni v. Buongiovanni (Appellate Division of the Supreme Court of New York 2014)
- Hoffman Music Shop, Inc. v. Honeywell Protection Services, Inc. (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Order unanimously reversed and motion granted, without costs. Memorandum: Defendant’s timely motion to strike the case from the Trial Calendar should have been granted since the record established that plaintiff filed a note of issue and statement of readiness before defendant had a reasonable opportunity to complete disclosure and notice of physical or mental examination of the infant plaintiff (see Sado v Sado, 32 AD2d 546; Siegel, New York Practice, § 370; see, also, 22 NYCRR 3.5, 1024.4). The court’s broad discretionary power under CPLR 3103 to grant a protective order to prevent abuse should provide adequate protection to the infant plaintiff (see Rembert v Lipshutz, 86 AD2d 750; see, also, Wegman v Wegman, 37 NY2d 940). (Appeal from order of Supreme Court, Monroe County, Fritsch, J. — strike note of issue.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.