LILA v. BATA


33 A.D.3d 875 (2006)

822 N.Y.S.2d 781

RADHIKA LILA, Appellant, v. JUAN BATA et al., Respondents.

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

Decided October 24, 2006.


Ordered that the judgment is reversed, on the law and in the exercise of discretion, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages, with costs to abide the event.

The Supreme Court improvidently exercised its discretion in denying the plaintiff's application for a brief continuance of the trial on the issue of damages due to the unavailability of her expert doctor. The expert's testimony...

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