ROSENBERG v. RAE


24 A.D.2d 612 (1965)

Louis L. Rosenberg, Respondent, v. Joseph Rae, Appellant, et al., Defendants Joseph Rae, Third-Party Plaintiff-Appellant, v. Theodore Blatt, Third-Party Defendant-Respondent

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

July 12, 1965


Judgment reversed on the law, without costs, and new trial granted. No questions of fact have been considered. Under the circumstances disclosed by this record, it was an improvident exercise of discretion to refuse to grant appellant a reasonable adjournment.

It was also error for the Special Referee to telephone to the office of a prospective witness and to request said witness to communicate by telephone with the Referee, which the witness did, for the purpose...

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