The record discloses the following pertinent facts. Petitioner, an Assistant Corporation Counsel engaged in a trial before respondent, fell ill on the way to court and returned home. His wife telephoned to his office to convey this information, which eventually reached a deputy division chief. The latter, endeavoring to communicate with petitioner's cocounsel assigned to the case and not finding him in his office, assumed incorrectly that petitioner's colleague was in court...
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