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KLEIN v. NEW YORK TEL. CO.

155 A.D.2d 644 (1989)

Edward E. Klein, Appellant, v. New York Telephone Company, Respondent

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

November 27, 1989

Ordered that the judgment is reversed, as a matter of discretion, and a new trial is granted on the issue of damages before a different Justice, with costs.

The decision to grant a continuance is ordinarily committed to the sound discretion of the trial court (see, Matter of Housing Dev. Fund Co. v County of Rockland, 134 A.D.2d 594; Cuevas v Cuevas,

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