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WALKER v. CITY OF NEW YORK

10442N, 111878/07.

107 A.D.3d 577 (2013)

969 N.Y.S.2d 3

2013 NY Slip Op 4715

ELLEN WALKER, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided June 20, 2013.

The record demonstrates that plaintiff was granted one eve-of-trial adjournment on the ground that her expert was unavailable, and upon the stipulation that no further adjournments would be permitted. On the adjourned trial date, the action was dismissed with prejudice when plaintiff was again unprepared to try the case because her expert "can't come." When plaintiff moved to restore the matter, almost one year later, she still...

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