Ordered that the order is affirmed, with costs.
The decision as to whether to direct an immediate trial where the only triable factual issue concerned damages was within the sound discretion of the trial court (CPLR 3212 [c]). Where, as here, there were still pending discovery proceedings and a pending motion to consolidate this action with another action — which motion has since been granted — the court's refusal to grant a trial preference was not...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.