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OSBORNE v. JONES

50 A.D.3d 515 (2008)

856 N.Y.S.2d 89

THOMAS J. OSBORNE, Respondent, v. DAVID JONES, Appellant, et al., Respondent.

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

Decided April 24, 2008.

Respondent demonstrated that he had no intention to abandon his defense of the petition and that his counsel honestly believed the motion had been adjourned, due in part to a pending motion by respondent's incoming counsel (see ICBC Broadcast Holdings-NY, Inc. v Prime Time Adv., Inc., 26 A.D.3d 239 [2006]; Cannon v Ireland's Own, Inc., 21 A.D.3d 264 [2005]). Contrary to petitioner's assertion...

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