Dalrymple v. Martin Luther King Community Health Ctr

In Dalrymple v. Martin Luther King Community Health Ctr. (127 A.D.2d 69 [2d Dept 1987]), the Appellate Division affirmed an order entered by a Supreme Court IAS Justice granting reconsideration of a pre-IAS order, entered by a Special Term Justice, which had severed a third-party action. The Appellate Division noted that it had previously, in Blasi v. Boucher (30 A.D.2d 674 [2d Dept 1968]), affirmed the vacation, by a trial justice before whom a motion was made returnable, of a conditional order of preclusion pursuant to CPLR 3126 which had been entered by a Special Term Justice, on the ground that there were "exceptional circumstances" justifying departure from the usual rule. The Appellate Division in Dalrymple went on to hold (at 72-73): " The institution of the IAS . . . with the attendant assignment of all pending cases to individual Justices for trial, brought all these cases within the purview of the 'exceptional circumstances' rule . . . and outside a rigid literal interpretation of CPLR former 2221." The Appellate Division further observed that (at 73) "judicial economy and the orderly administration of justice were best served by" such a result where the prior justice had limited continuing familiarity with the case, while the assigned justice "was fully familiar with the case and its background and the likely timetable for trial."