PASSARO v. NEW YORK HOSPITAL-CORNELL MEDICAL CENTER


289 A.D.2d 70 (2001)

734 N.Y.S.2d 39

JOSEPH PASSARO et al., Respondents, v. NEW YORK HOSPITAL-CORNELL MEDICAL CENTER et al., Defendants, and NEIL H. BANDER, M.D., Appellant.

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

Decided December 11, 2001.


Defendant's request to adjourn the trial based on his attorney's engagement in another trial was properly denied where the attorney's firm had at least one other attorney who was familiar with the case, and competent to take over the defense in this trial, and had sufficient time and warning of the conflicting engagements to prepare someone to do so (22 NYCRR 125.1 [e] [2] [iv]). However, in awarding damages based on the testimony it heard at the prior mistrial, the trial...

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