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SAVARESE v. NICOTRA GROUP, LLC

45 A.D.3d 315 (2007)

845 N.Y.S.2d 40

MICHAEL SAVARESE, Plaintiff, v. NICOTRA GROUP, LLC, et al., Respondents, et al., Defendant. SCHWARTZ GOLDSTONE & CAMPISI, LLP, Nonparty Appellants; BAXTER SMITH TASSAN & SHAPIRO, P.C., et al., Nonparty Respondents. (And Other Actions.)

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

Decided November 8, 2007.

The court properly awarded costs to defense counsel, since the record establishes that plaintiff's counsel had been unprepared on the issue of damages and was unable to go forward without a 10-day continuance. As a result, the court granted plaintiff's counsel's mistrial motion, and it did so on terms that were "just" within the meaning...

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