Sutter v. Nelson

Full title: PHILIP J. SUTTER, Appellant, v. NEAL NELSON et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 20, 1987

126 A.D.2d 634 (N.Y. App. Div. 1987)

Opinion

January 20, 1987

Appeal from the County Court, Nassau County (Fertig, J.).

Ordered, that the judgment is reversed, with costs, and a new trial is granted on the issue of damages.

In light of the established merit of the liability phase of the plaintiff's claim, the diligence exercised by the plaintiff's counsel, the short delay requested, and the importance of the testimony in issue, the continuance requested should have been granted (see, Gombas v. Roberts, 104 A.D.2d 521; Wilson v Wilson, 97 A.D.2d 897; Balogh v. H.R.B. Caterers, 88 A.D.2d 136). Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.