Narrative Opinion Summary
In this case, the Supreme Court of New York County addressed a personal injury action initiated in November 1978, which had been marked off the Trial Calendar after appearing nine times. The plaintiff sought to restore the case to the calendar, citing ongoing medical treatment and delays in obtaining necessary medical records as reasons for the initial postponement. The court initially denied the motion without prejudice, allowing for renewal with adequate justification. Upon renewal, the plaintiff demonstrated sufficient excuse for the delay and prima facie merit in the injury claim, leading the court to grant the motion to restore the action. The court mandated the plaintiff to file a new statement of readiness within 30 days and permitted an amended bill of particulars regarding damages. Defendants were granted leave to seek further disclosure if needed. The order was affirmed without costs, underscoring the importance of procedural compliance in restoring cases to the trial docket.
Legal Issues Addressed
Amendment of Bill of Particularssubscribe to see similar legal issues
Application: The plaintiff was allowed to serve an amended bill of particulars regarding damages, providing an opportunity to update the specifics of the claim.
Reasoning: The court modified the order to...permitted the plaintiff to serve an amended bill of particulars regarding damages.
Defendants' Right to Further Disclosuresubscribe to see similar legal issues
Application: Defendants were given the right to seek further disclosure if desired, ensuring fairness in the discovery process.
Reasoning: Defendants were also granted leave to seek further disclosure if desired.
Renewal of Motion upon Sufficient Justificationsubscribe to see similar legal issues
Application: The plaintiff's initial motion to restore was denied without prejudice, allowing for renewal upon providing adequate justification for the delay.
Reasoning: The court denied the motion without prejudice, allowing for renewal with proper justification.
Requirements for Statement of Readinesssubscribe to see similar legal issues
Application: To support the restoration motion, the court required the plaintiff to file a new statement of readiness within 30 days, in compliance with Supreme Court rules.
Reasoning: The court modified the order to require the plaintiff to file a new statement of readiness within 30 days.
Restoration of Case to Trial Calendarsubscribe to see similar legal issues
Application: The court granted the plaintiff's motion to restore the case to the Trial Calendar upon showing a sufficient excuse for delay and prima facie merit in the injury claim.
Reasoning: The court found sufficient excuse for the delay and prima facie merit in the plaintiff's injury claim, determining that restoring the action to the calendar was appropriate.