Though the instant action is of ancient vintage and had been on the calendar numerous times, counsel's failure to appear on the date fixed for trial was due to his actual engagement in trial of another case in Supreme Court, Suffolk County. Under such circumstance, the cause should have been "held subject" (22 NYCCR 660.5[e]) and its dismissal for nonappearance was an improvident exercise of
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COTTER v. CITY OF NEW YORK
48 A.D.2d 814 (1975)
Joseph Cotter, Appellant, v. City of New York et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 26, 1975
June 26, 1975
Appellate Division of the Supreme Court of the State of New York, First Department.
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