ARCHIBALD v. ASIA FIVE EIGHT, LLC


39 A.D.3d 366 (2007)

833 N.Y.S.2d 495

LESTER ARCHIBALD, Appellant, v. ASIA FIVE EIGHT, LLC, Doing Business as TAO, Respondent.

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

Decided April 19, 2007.


Whether to grant an adjournment is a matter within the discretion of the trial court (see Matter of Steven B., 6 N.Y.3d 888, 889 [2006]). Although there is no indication of delay by plaintiff in the litigation of this matter until the day of trial, it remains that neither plaintiff's counsel of record nor plaintiff's newly retained trial counsel provided the court or the defense with advance notice of plaintiff's purported inability...

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