Green v. Carey Transp., Inc.

• Decision Date: 03 January 1972
• Citation: Green v. Carey Transp., Inc., 329 N.Y.S.2d 331, 38 A.D.2d 711 (N.Y. App. Div. 1972)
• Parties: Lillian GREEN et al., Appellants, v. CAREY TRANSPORTATION, INC., Respondent.
• Court: New York Supreme Court — Appellate Division

Page 331

329 N.Y.S.2d 331

38 A.D.2d 711

Lillian GREEN et al., Appellants, v.CAREY TRANSPORTATION, INC., Respondent.

Supreme Court, Appellate Division, Second Department.

Jan. 3, 1972.

Irving A. Scheinberg, Brooklyn, for appellants.

Benjamin Purvin, Lake Success, for respondent; to be argued by Charles F. Brady, Baldwin.

Before MURDER, Acting P.J., and MARTUSCELLO, LATHAM, SHAPIRO and GULOTTA, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, dated June 23, 1965, which (1) granted defendant's motion to vacateplaintiffs' notice of discovery and inspection and (2) denied plaintiffs' cross motion to extend their time to complete pretrial proceedings.

Order reversed, without costs; defendant's motion denied; and plaintiffs' cross motion granted.The discovery and inspection pursuant to plaintiffs' notice dated April 5, 1965 shall proceed on a date to be fixed in a new written notice of not less than 10 days, to be given by plaintiffs.

The papers disclose that discovery was sought by plaintiffs of an accident report made by defendant's employee to defendant on the day of the accident which is the subject of this action....