Ordered that the order is affirmed insofar as appealed from, with costs.
On January 18, 2005 both remaining parties in this case were scheduled to appear for jury selection and trial on the issue of damages. On that date, both parties did in fact appear, but the plaintiff's counsel of record advised the court that it could not proceed with the trial because of a recently-discovered conflict of interest that required the plaintiff to retain new counsel. The case was...
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