CLEMONS v. SCHINDLER ELEVATOR CORP.

Nos. 5150, 116474/06.

87 A.D.3d 452 (2011)

928 N.Y.S.2d 39

2011 NY Slip Op 6205

YVONNE CLEMONS, Appellant, v. SCHINDLER ELEVATOR CORPORATION, Respondent.

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

Decided August 11, 2011.


In December 2008, trial of this matter was adjourned to January 7, 2009 to accommodate the vacation plans of plaintiff's trial counsel. Several days later, plaintiff brought an order to show cause to remove the case from the trial calendar in order to permit amendment of her expert's report to assert an additional basis of liability. The motion was heard by Supreme Court (Judith J. Gische, J.) and denied in an order entered January 14, 2009. The unsigned transcript of the...

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