PERLBERGER v. OLTARSH


304 A.D.2d 457 (2003)

757 N.Y.S.2d 727

RALPH PERLBERGER, Respondent, v. WILLIAM H. OLTARSH, Appellant.

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

Decided April 22, 2003.


Defendant's sole appellate contention in this legal fee dispute between two former long-time friends, both attorneys, is that the trial court erred when it denied his last-minute request for a lengthy continuance. However, inasmuch as defendant's request was supported only by unsworn letters lacking detail and defendant himself provided no affidavit explaining his inability to proceed, it cannot be said that the trial court's exercise of discretion in denying the request...

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