Opinion
March 15, 1943.
Order denying motion of plaintiffs to restore the cause to the Ready Day Calendar from the Military Suspense Calendar reversed on the facts, with ten dollars costs and disbursements, and the motion granted, without costs. Defendants have shown no willingness to co-operate to procure the deposition of their witness, who is stationed at Camp Upton. Where such testimony is available, the cause should not be continued on the Military Suspense Calendar merely because the witness is unable physically to be present at the trial. Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ., concur.