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VILLAGE OF CLAYVILLE v. STEARNS & WHELER ENGINEERS AND SCIENTISTS

289 A.D.2d 1053 (2001)

735 N.Y.S.2d 847

VILLAGE OF CLAYVILLE, Appellant, v. STEARNS & WHELER ENGINEERS AND SCIENTISTS et al., Respondents.

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

Decided December 21, 2001.

Order unanimously reversed on the law without costs, complaint reinstated and new trial granted in accordance with the following Memorandum: Supreme Court abused its discretion in denying the request of plaintiff for a one-day continuance to allow its expert witness to testify (see, Stevens v Auburn Mem. Hosp., 286 A.D.2d 965; Halloran v Spina Floor Covering, 185 A.D.2d 149; Cirino v...

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