Legal Opinion
Klein v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 27, 1989PublishedCited by 4 opinions
1Opinion of the Court
— In a negligence action to recover for damages to property, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Delaney, J.), dated May 2, 1988, which, upon a finding by the trial court that the plaintiff had failed to prosecute the case, dismissed the complaint.
Ordered that the judgment is reversed, as a matter of discretion, and a new trial is granted on the issue of damages before a different Justice, with costs.
The decision to grant a continuance is ordinarily committed to the sound discretion of the trial court (see, Matter of Housing Dev. Fund Co. v County…
2Cases cited10 opinions
- Balogh v. H.R.B. Caterers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Cuevas v. CuevasAppellate Division of the Supreme Court of the State of New York · 1985
- Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 1983
- Housing Development Fund Co. v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1987
- Gombas v. RobertsAppellate Division of the Supreme Court of the State of New York · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cantoni ITC USA, Inc. v. Milano International, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Dunleavy v. SamuelAppellate Division of the Supreme Court of the State of New York · 1991
- Pileri v. PileriAppellate Division of the Supreme Court of the State of New York · 1995
- Rogers v. CorbinAppellate Division of the Supreme Court of the State of New York · 1994