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PAGAN v. PENTHOUSE MFG. CO., INC.

121 A.D.2d 374 (1986)

Rafael Pagan et al., Respondents, v. Penthouse Manufacturing Co., Inc., et al., Defendants, and Rudolph Joseph, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 2, 1986

Order affirmed, without costs or disbursements.

Contrary to the appellant's argument, the plaintiffs' motion which was, in effect, a motion to "`vacate or modify [a] precalendar conference order'", was procedurally proper (see, Cohalan v Johnson Elec. Constr. Corp., 105 A.D.2d 770). Moreover, the resulting order of Special Term did not constitute an abuse of discretion (see, Everitt v Health Maintenance Center...

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