S.P.A. v. TAWFIK


186 A.D.2d 70 (1992)

Amiantite, S.P.A., et al., Appellants, v. Albert Tawfik et al., Respondents, et al., Additional Counterclaim Defendants

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

September 24, 1992


When prior counsel refused to turn over the case file to successor counsel in a fee dispute with plaintiffs, and the trial court refused a postponement, new counsel withdrew and plaintiffs were unable to meet the scheduled trial date. Default was entered on the call of that calendar, because the non-English speaking individual plaintiffs were in Italy at the time — one of them unable to travel due to a health problem. Plaintiffs claim they never received notice of...

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