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MATTER OF CITY OF NEW YORK v. UNSAFE BLDG. & STRUCTURE NUMBER 147-21 HUXLEY ST.

99 A.D.2d 533 (1984)

In the Matter of The City of New York, Respondent, v. Unsafe Building & Structure Number 147-21 Huxley Street. Enrique Felipa et al., Appellants; Intercounty Mortgage Corp., Respondent

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

January 23, 1984

Order reversed, without costs or disbursements, and new trial granted.

Under the circumstances, appellants' request for an adjournment of a few days should have been granted, especially since the testimony of the most knowledgeable witness, who was not then available, was necessary as to the essential issue of the case (see Distribuidora Nacional De Disco v Rappaport, 92 A.D.2d 559; Balogh v H.R.B. Caterers,

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