Halligan v. Glazebrook
| Decision Date | 18 April 1969 |
| Citation | 59 Misc.2d 712,299 N.Y.S.2d 951 |
| Parties | Robert C. HALLIGAN, Plaintiff, v. Elizabeth M. GLAZEBROOK, Defendant. |
| Court | New York Supreme Court |
Motion for reconsideration is granted and on such reconsideration the Court adheres to the previous decision.
At issue is the meaning of the expression 'immediately following' as it is used in C.P.L.R. 3123 subd. (c). That section establishes a procedure by which a party may demand from his adversary an admission of the truth of facts. If the adversary does not admit the facts and they are thereafter established as true, the requesting party may recover the expenses incurred for being put to his proof. A reasonable attorney's fee is also recoverable. The procedure for recovery of these expenses is to 'move at or immediately following the trial.'
Herein, the trial was conducted in two phases. The issue of liability was tried before Mr. Justice Hill on November 12, 13 and 14 of 1968. The jury having rendered its verdict in favor of plaintiff, the damages issue was tried before this Court on December 4, 5 and 6 of 1968. Plaintiff did not move 'at' either trial, but waited until December 10, 1968, 4 calendar--2 working--days after the trial on damages. The question then is whether plaintiff moved 'immediately following the trial.'
In the 3rd Revision of Bouvier's Law Dictionary it is said: In Black's Law Dictionary, 4th Edition, the word 'immediately' is defined thus: 'Without interval of time, without delay, straightway, or without any delay or lapse of time.'
While in the area of statutory construction dictionary definitions are not controlling they do provide a useful guide when read in the context of the act of which the word is a part. By C.P.L.R. 3123(c) the party offended by a refusal to admit a fact has two choices. He may move 'at or immediately following the trial.' These words do not permit the passage of an unstated period of time. They require action at the very latest when the trial ends. If the...
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Zenker-Felt Imports v. Malloy
..."that it refers to the period of time, in the courtroom, during which the trial itself is taking place." (citing Halligan v. Glazebrook (1969), 59 Misc.2d 712, 299 N.Y.S.2d 951.) We agree with this analysis and adopt it. This result is obviously contrary to the rule formulated by the appell......
- Orman v. State, 47817
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Radzyminski v. Nalbone, 2009 NY Slip Op 51899(U) (N.Y. Fam. Ct. 9/9/2009), V-5741/2-05/08G
...following the trial and the motion was made thirty-six days after the trial concluded. To support this position she cites Halligan v. Glazebrook, 59 Misc 2d 712, which held that such a motion made twenty-six days after the trial ended was untimely. In Halligan, the motion was made four days......
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Table of Cases
...428 NYS2d 837 (Sup Ct Kings Co 1980), §31:119 Hall v. Penas , 5 AD3d 549, 772 NYS2d 835 (2d Dept 2004), §22:10 Halligan v. Glazebrook, 59 Misc.2d 712, 299 NYS2d 951 (SupCt Suffolk County 1969), §38:194 Hallahan v. Ashland Chemical Co. , 237 AD2d 697, 654 NYS2d 443 (3d Dept 1997), §§5:07, 27......
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Table of Cases
...(2d Dept 2014), §9:154 Haller v. North Riverside Partners, 189 AD2d 615, 592 NYS2d 316 (1st Dept 1993), §27:283 Halligan v. Glazebrook , 59 Misc2d 712, 299 NYS2d 951 (Sup Ct Suffolk Co 1969), §30:181 Hallock v. Bogart , 206 AD2d 735, 614 NYS2d 651 (3d Dept 1994), §31:90 Hallock v. State , 5......
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Table of Cases
...Co 2001), §25:201 Haller v. North Riverside Partners, 189 AD2d 615, 592 NYS2d 316 (1st Dept 1993), §27:283 Halligan v. Glazebrook , 59 Misc2d 712, 299 NYS2d 951 (Sup Ct Suffolk Co 1969), §30:181 Hallock v. Bogart , 206 AD2d 735, 614 NYS2d 651 (3d Dept 1994), §31:90 Hallock v. State , 58 AD2......
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Post-Verdict Proceedings
...by jury, the motion for such an order shall be determined by the court outside the presence of the jury.” In Halligan v. Glazebrook , 59 Misc.2d 712, 299 NYS2d 951 (SupCt Suffolk County 1969), plaintiff moved for this relief two calendar days after the end of the damages trial. The court de......