(DOWNLOAD) "Frank J. Schickler Et Al. v. Patricia Seifert Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Frank J. Schickler Et Al. v. Patricia Seifert Et Al.
- Author : Supreme Court of New York
- Release Date : January 27, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Motion for leave to appeal to the Court of Appeals denied. Request for oral argument of motion to reargue denied. Motion for reargument granted and upon reconsideration decision of this court dated May 16, 1974 vacated and the order of Supreme Court, Erie County, entered November 29, 1973 unanimously reversed, with costs, to respondents as provided in the following memorandum: This consolidated action results from a 1969 automobile accident in which an automobile owned by defendant Richard Seifert and operated by Patricia Seifert struck the vehicle in which the plaintiffs were riding. Patricia Seifert pleaded guilty to a violation of subdivision (a) of section 1142 of the Vehicle and Traffic Law, failure to yield the right of way. The cases were sued in 1970 and 1971 respectively and notes of issue were filed promptly. Various pretrial procedures ensued and on September 21, 1971 the case was placed on the general docket when plaintiffs attorney was unwilling to proceed. It appears that considerable delay was occasioned by efforts of the plaintiffs attorney to include in the case injuries and expenses which were not contained in the original bills of particulars. After the case was placed upon the general docket two motions to file supplemental bills of particulars were made and denied on January 3, 1972 and in March, 1972. There appears to have been no other activity between the opposing attorneys, except the exchange of hospital reports, until plaintiffs made a motion to restore the case to the calendar dated September 13, 1972 and returnable September 20, 1972. Plaintiffs counsel then defaulted on his own motion on the return date and the case was marked abandoned on September 22, 1972. The order appealed from denied plaintiffs [45 A.D.2d 816 Page 817]
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