CAPPEL v. RKO STANLEY WARNER THEATERS, INC.


61 A.D.2d 936 (1978)

Silas Cappel et al., Respondents, v. Rko Stanley Warner Theaters, Inc., et al., Appellants

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

March 21, 1978


In this personal injury action, at the calendar call of March 15, 1977, plaintiff's counsel submitted an affidavit of actual engagement in Supreme Court and requested an adjournment to April 20. He noted that plaintiffs, who resided in Newfoundland, Canada would then be available. The matter had previously been set down for trial on March 15, and counsel for defendants appeared on that date, ready for trial. At second call plaintiffs' attorney refused to select a jury and...

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