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MATTER OF GLOBAL LIBERTY INS. CO. v. PEREZ

8214. 20041/16.

168 A.D.3d 592 (2019)

93 N.Y.S.3d 18

2019 NY Slip Op 00548

In the Matter of Global Liberty Insurance Company, Appellant, v. Nestor Ruben Perez, Respondent. Angela Flores et al., Proposed Additional Respondents.

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

Decided January 29, 2019.

"It is an abuse of discretion to deny a continuance where the application complies with every requirement of the law and is not made merely for delay, where the evidence is material and where the need for a continuance does not result from the failure to exercise due diligence" (Balogh v H.R.B. Caterers, 88 A.D.2d 136, 141 [2d Dept 1982]). Here, there is no evidence that petitioner Global...

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