U.C. COLUMBUS RADIO DISPATCH, INC. v. COMMACK, INC.


256 A.D.2d 54 (1998)

680 N.Y.S.2d 528

U.C. COLUMBUS RADIO DISPATCH, INC., Respondent, v. COMMACK, INC., Appellant.

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

Decided December 3, 1998.


Given the nature of the contractual breach asserted by plaintiff and the circumstance that defendant was in default for having failed to answer the complaint, Supreme Court properly exercised its discretion in directing an expedited trial. The procedure employed by the court was, moreover, one in which defendant at the time acquiesced. Furthermore, there was no violation of due process when the Referee clarified the scope of the referral with the referring court. Finally...

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