Opinion
October 19, 1961
Judgment in favor of the defendant dismissing the complaint unanimously reversed on the law and in the exercise of discretion and a new trial ordered, with costs to abide the event. The length and nature of the trial, the unusual weather conditions which necessarily affected the witness' availability and the other circumstances were such as to make it an abuse of discretion for the trial court to refuse the request for a short adjournment to enable the plaintiff to produce an expert witness.
Concur — Botein, P.J., Breitel, Rabin, Stevens and Eager, JJ.