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DOUSMANIS v. JOE HORNSTEIN, INC.

218 A.D.2d 627 (1995)

631 N.Y.S.2d 28

Aris J. Dousmanis, Appellant, v. Joe Hornstein, Inc., et al., Respondents. (And a Third-Party Action.)

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

August 31, 1995

Given the fact that plaintiff's action was initially stricken from the trial calendar when counsel appeared less than an hour late for a pretrial conference scheduled for the purpose of extending defendants' time to conduct discovery of plaintiff's extensive medical file, it was improvident to deny plaintiff's promptly made motion to restore even though counsel failed to appear on the initial date set for argument of such motion...

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