SPITALNICK v. GOLDMAN


55 Misc.2d 283 (1967)

Joseph Spitalnick, Plaintiff, v. Sol Goldman et al., Defendants.

Supreme Court, Trial Term, Bronx County.

June 30, 1967


Attorney(s) appearing for the Case

Frank Reiter and Samuel J. Sussman for plaintiff. Jerry Wender for Sol Goldman and another, defendants. Hampton & Dietel for Otis Elevator Company, defendant.


ABRAHAM N. GELLER, J.

Motion to vacate the advancement in trial of this action against movant-owner and Otis Elevator Company, directed after a pretrial hearing, is denied.

It is clear that the court at pretrial is empowered to advance a case for trial if satisfied that defendants are obstructing the fair and proper disposition of the action by failing to co-operate in good faith in an attempt to adjust the action (see Perrone v. Federated...

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