COX v. CATSIMATIDIS


247 A.D.2d 506 (1998)

669 N.Y.S.2d 327

Elnora Cox, Respondent, v. John Catsimatidis, Appellant

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

February 17, 1998


Ordered that the judgment is affirmed, with costs.

Under the circumstances of this case, it was not an improvident exercise of discretion for the Supreme Court to deny the defendant's application for an adjournment on the eve of trial in order to conduct an independent medical examination of the plaintiff and to obtain counsel for trial.

The evidence was legally sufficient to support a verdict in favor of the plaintiff...

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