SUMMERS v. KARDEX SYS., INC.


210 A.D.2d 216 (1994)

619 N.Y.S.2d 963

Richard Summers, Respondent, v. Kardex Systems, Inc., Appellant

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

December 5, 1994


Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a determination of the defendant's motion to enlarge its time to renew its motion to dismiss the complaint.

We find that the Supreme Court improvidently exercised its discretion in sua sponte ordering this matter ready for trial and by directing the defendant to file a note of issue and certificate of readiness, in light...

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