Leone v. Bates Plan-A-Home of Sidney, Inc.

Appeal from an order of the Supreme Court (Harlem, J.), entered July 15, 1987 in Otsego County, which denied plaintiffs’ motion to restore the case to the Trial Calendar.

This contract action, arising out of the sale of a mobile home, was commenced in 1983 and was reached for trial in February 1985. A jury was impaneled and plaintiffs produced a witness who assessed the damages at $1,850. During the ensuing recess, defendants made a settlement offer of $1,500. Plaintiff Peter Leone accepted the offer and requested an *760opportunity to further consult with his wife, plaintiff Catherine Leone. At…