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Anderson v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1985
111 A.D.2d 730 (N.Y. App. Div. 1985)

Opinion

June 3, 1985

Appeal from the Supreme Court, Queens County (Miller, J.).


Order reversed insofar as appealed from, as a matter of discretion, with costs, and defendant's motion to vacate an inquest held on December 14, 1983 is granted unconditionally.

It was unreasonable for Special Term to have denied defendant's counsel's application for an adjournment at the call of the calendar on the morning of December 14, 1983 in view of the undisputed facts that (1) there was pending at the time a motion by defendant to strike plaintiff's action from the calendar and to compel plaintiff to submit to an examination before trial, and (2) defendant's counsel was to go on trial the next day.

Moreover, defense counsel's subsequent default in answering the second and third call of the calendar was the direct result of this improper denial of an adjournment. Under these circumstances, Special Term should not have imposed a sanction on defendant's attorney, but rather should have granted the motion unconditionally. Mangano, J.P., Gibbons, Bracken and Kunzeman, JJ., concur.


Summaries of

Anderson v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1985
111 A.D.2d 730 (N.Y. App. Div. 1985)
Case details for

Anderson v. Anderson

Case Details

Full title:MATTHEW H. ANDERSON, Respondent, v. MARY J. ANDERSON, Appellant

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

Date published: Jun 3, 1985

Citations

111 A.D.2d 730 (N.Y. App. Div. 1985)