Accident Case Removed from Court's Trial Calendar Because Defense Wished to Depose Nonparty Witness

Case: Jacobs v. Johnston

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/5/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer)

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Facts: This accident plaintiff placed his case on the trial calendar. The trial calender is a list of active cases. You add your case to the bottom of the list. When your case reaches the top of the list, you get your turn to have a trial.

Here, the defendant wanted to take a deposition of a nonparty witness. The accident victim resisted the defense subpoena of the nonparty witness. The defense argued that this case was not ready for trial and should be stricken (removed) from the court's trial calendar.

Held: The defense has shown that this case is not ready for trial, and it is stricken from the trial calendar.

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