SMIGEL v. TOWN OF RENSSELAERVILLE


125 A.D.2d 847 (1986)

Henrietta T. Smigel, as Executrix of John Smigel, Deceased, Respondent, v. Town of Rensselaerville, Appellant, et al., Defendant

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

December 24, 1986


Yesawich, Jr., J.

This wrongful death action, arising out of defendants' alleged negligence in maintaining an intersection, was commenced in 1979. A note of issue was filed and a preference order granted in 1982. Thereafter, the case was conferenced three times and, following unproductive settlement discussions, marked ready for trial. From that point on the calendar history of this matter, aptly described by Trial Term as "tortured", is unclear. It appears...

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