GRUNTAL & CO. v. HYMAN


48 A.D.2d 807 (1975)

Gruntal & Co., Respondent, v. Elaine Hyman, Appellant

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

June 24, 1975


Defendant-appellant was in court on a July day, and her attorney stated she was too ill to proceed to trial and requested an adjournment. The application was summarily denied, the court characterizing the illness as feigned, and she was directed to proceed to trial before another Judge. She refused to do so on the same ground, and inquest was taken. The affidavit of merit is sufficient, the judgment not being based on a default in the usual sense. A medical certificate is...

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