HILL v. HUDSON VIEW GARDENS, INC.


13 A.D.2d 730 (1961)

Maude H. Hill, Appellant, v. Hudson View Gardens, Inc., Respondent

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

May 9, 1961


Judgment unanimously reversed on the law, on the facts and in the exercise of discretion and a new trial ordered, without costs.

The 82-year-old plaintiff-appellant was present in court during the first day of the trial, but she did not appear on the following day at which it had been understood her testimony would be taken. Plaintiff's counsel advised the court that she was "unable to come because she did not feel well, because yesterday was too much for her, had...

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