FERRAN v. BD. OF EDUC. OF THE CITY OF ALBANY


217 A.D.2d 822 (1995)

629 N.Y.S.2d 546

Nadia Ferran, as Parent and Natural Guardian of Laura Ferran, an Infant, Appellant, v. Board of Education of the City of Albany, Respondent

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

July 20, 1995


Yesawich Jr., J.

Though directed by Supreme Court to do so, and having had some four months to accomplish it, plaintiff failed to secure substitute counsel so that this personal injury action could be restored to the trial calendar. This directive was prompted by the fact that, in April 1993, plaintiff's then-counsel had withdrawn from the case on the eve of trial. In these circumstances, the court cannot be faulted for having granted defendant's motion...

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