THOMSON v. JAMAICA HOSP.


36 A.D.2d 628 (1971)

Francis Thomson, Appellant, v. Jamaica Hospital et al., Respondents

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

February 8, 1971


Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.

We are of the opinion that in view of the refusal of a key medical witness to testify for plaintiff on the eve of the trial, the trial court should have granted a continuance to permit plaintiff to bring that witness in pursuant to a subpoena which had already...

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