MILLER v. HAINZL


5 A.D.2d 764 (1958)

Martin G. Miller, an Infant, by His Guardian ad Litem Frank Miller, et al., Respondents, v. Frank Hainzl, Doing Business as Tallwood Lodge, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 28, 1958


Order unanimously reversed in the exercise of discretion, with $20 costs and disbursements to the appellant and the motion to restore denied, with $10 costs.

This action, which was commenced in 1952, came on for trial in February, 1957 and was marked "Ready" for three successive days. It was assigned to Part V on February 7, 1957 and then passed until February 8. On that date, counsel for plaintiff applied for an adjournment to April, 1957 on the ground that plaintiff...

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