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eBook details

• Title: Josephine Rodriguez Et Al. v. St. Francis Hospital Et Al.
• Author : Supreme Court of New York
• Release Date : January 11, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

We further direct that the third-party's bill of particulars must be served within 20 days, and the examinations before trial by the third-party defendant must be completed within 60 days, after entry of the order to be made hereon. In our opinion it was an improvident exercise of discretion to grant the severance. Plaintiffs have made no claim that they will be prejudiced by any delay in the trial of the action, which was commenced as against appellant in 1968. The third-party defendant, however, must be given ample time to prepare for trial. Appellant has not yet served a duly demanded bill of particulars. This he must do. Thereafter, the third-party defendant must be given a reasonable time within which to finish his examinations before trial. Absent prejudice to plaintiffs in the main action, the third-party action should not have been severed, especially where the possibility of inconsistent results in different trials presents itself (Kunstadt v. Tietelbaum, 36 A.D.2d 744). Disposition Order dated June 26, 1973 reversed insofar as appealed from and order dated September 26, 1973 reversed, with one bill of $20 costs and disbursements to third-party plaintiff against third-party defendant, and third-party defendant's motion denied in all respects.

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