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CAPANO v. WATSKY

66 A.D.2d 700 (1978)

Philip S. Capano, Appellant, v. Stanley Watsky et al., Respondents

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

December 14, 1978

After a jury had been drawn and settlement efforts had failed, plaintiff sought an adjournment claiming an attack of illness. Unable to obtain a medical affidavit overnight, he supplied a letter from a doctor and the court, after examining plaintiff under oath, struck the case from the calendar and imposed the restoration conditions over the protest of plaintiff that he was ready to proceed if an adjournment were not to be granted...

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