MICHAELS v. DALIMONTE


121 A.D.2d 370 (1986)

Joseph Michaels, Appellant, v. Mario Dalimonte, Defendant, and Bruce Lorenz et al., Respondents

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

June 2, 1986


Judgment affirmed, with costs.

The plaintiff contends that the trial court abused its discretion in denying his motion for a one-day continuance of the trial. "The granting of a continuance is an exercise of judicial discretion upon particular facts [and as] a general rule the granting or refusing a continuance is within the sound discretion of the trial court, and in the absence of an abuse of discretion, will be upheld on appellate review" (Balogh v H.R.B. Caterers...

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