## Facts

- Ralph W. Wolff, doing business as Quality Press, sued Laverne, Inc. for payment for alleged work, labor, and services.
- During a pretrial conference in Supreme Court, New York County, the justice discussed possible settlement with counsel.
- After the defendant refused to agree to an additional payment to settle, the justice advanced the case to the head of the next term’s General Jury Calendar.
- Laverne moved to vacate the advancement order; the motion was denied.
- Laverne appealed from the order denying vacatur.

## Issues

1. Whether a pretrial justice may advance a case to the head of the trial calendar as a response to a party’s refusal to settle, consistent with due process and proper judicial conduct.

## Decision

- The Appellate Division, First Department, reversed the order denying the motion.
- The court granted the motion to vacate the advancement and removed the case from the head of the next term’s General Jury Calendar.
- The court held that, although a judge may encourage settlement and manage the calendar, the court may not apply undue pressure or coercive measures to induce settlement.

## Legal Principles

- Pretrial practice permits the court to simplify issues, obtain admissions, and facilitate disposition of actions, including by exploring settlement.
- A judge may encourage settlement and may exert only the influence that naturally flows from judicial office in a proper, non-coercive manner.
- Calendar management authority may not be used as leverage or a sanction to pressure parties into settling rather than proceeding to trial.
- Efforts to expedite cases due to congested calendars must remain consistent with due process and the court’s duty to provide an impartial trial according to law.
- The goal of settlement is agreement reached voluntarily by mutual consent, not one forced to a party’s detriment.

## Conclusion

The court vacated a trial-calendar advancement ordered after failed settlement discussions, holding that judicial encouragement of settlement is permissible but coercion—especially through manipulative use of calendar control—violates due process and the right to an impartial trial.


Wolff v. Laverne, Inc., 17 A.D.2d 213, 233 N.Y.S.2d 555 (N.Y. App. Div. 1st Dep’t 1962)