NOBLE THREAD CORP. v. NOBLE GROUP CORP.


46 A.D.3d 778 (2007)

847 N.Y.S.2d 668

NOBLE THREAD CORP., Appellant, v. NOBLE GROUP CORP. et al., Respondents.

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

Decided December 18, 2007.


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

The plaintiff contends that the Referee should have granted its request for a continuance of the nonjury trial in this case so that it could present testimony from a witness who was undergoing treatment for a serious illness...

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