Najjar v. National Kinney Corp.
Cases that cite this one
3 later published cases cite this decision.
- Basetti v. Nour (Appellate Division of the Supreme Court of New York 2001)
- North v. Murtaugh (Appellate Division of the Supreme Court of New York 1996)
- Salwen Paper Co. v. Lynch (Appellate Division of the Supreme Court of New York 1985)
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
In an action to recover damages for the alleged breach of “a joint venture, partnership and agreement”, defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated November 18, 1981, which, inter alia, denied its motion to strike the action from the Trial Calendar. Order reversed, with $50 costs and disbursements, and motion granted. Discovery by defendant was neither completed nor had it even commenced as of the date plaintiffs filed a note of issue and certificate of readiness for trial. Defendant, which did not waive its right to discovery, timely moved to strike the action from the Trial Calendar. The purpose of this department’s statement of readiness rule (22 NYCRR 675.3), is to keep off the Trial Calendar those cases which are not ready for trial. (See Morrison v Sam Sneed Schools of Golf of N. Y., 13 AD2d 986; see, also, Rules of the Chief Administrator of the Courts, 22 NYCRR 3.5.) This action was not ready for trial and the instant motion was therefore improperly denied by Special Term. Mangano, J. P., Gibbons, O’Connor and Thompson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.