Soffair v. Koffler

• Decision Date: 08 January 1968
• Citation: Soffair v. Koffler, 286 N.Y.S.2d 593, 29 A.D.2d 659 (N.Y. App. Div. 1968)
• Parties: Abraham SOFFAIR, Respondent, v. Clare KOFFLER et al., Appellants, et al., Defendant.
• Court: New York Supreme Court — Appellate Division

Page 593

286 N.Y.S.2d 593

29 A.D.2d 659

Abraham SOFFAIR, Respondent, v.Clare KOFFLER et al., Appellants, et al., Defendant.

Supreme Court, Appellate Division, Second Department.

Jan. 8, 1968.

Pazer & Fischer, New York City, for plaintiff-respondent.

Kenneth E. Bruce, New York City, for defendants-appellants.

Before BELDOCK, P.J., and CHRIST, BRENNAN, HOPKINS and MUNDER, JJ.

MEMORANDUM BY THE COURT.

Order of the Supreme Court, Westchester County, dated June 1, 1967, which denied appellants' motion (deemed by this court as one to rehear the prior motion which resulted in the order of said court dated May 8, 1967), reversed, without costs, motion granted and, upon such rehearing, appellants are excused for having failed to pay $500 to plaintiff's attorney two days prior to the date fixed for their examinations before trial and they are hereby ordered to make such payment not less than 10 days prior to a new date to be set for their examinations before trial.The examinations before trial are to take place on a date and place mutually agreed upon among the parties within 30 days after the entry and service of the order hereon or upon such date and place as the Special Term shall order upon failure of the parties to agree.

Appeal from order of the same court dated May 8, 1967, dismissed, as academic in view of the determination herein on the appeal from the order dated June 1, 1967, without costs.

The motion which resulted in the June 1, 1967 order, nominally entitled one to resettle, was based on new and additional facts...