Archibald v. Asia Five Eight, LLC

Judgment, Supreme Court, New York County (Ira Gammerman, J.H.O.; so ordered by Jacqueline W. Silbermann, J.), entered December 7, 2006, which dismissed the complaint for failure to prosecute, unanimously affirmed, without costs.

Whether to grant an adjournment is a matter within the discretion of the trial court (see Matter of Steven B., 6 NY3d 888, 889 [2006]). Although there is no indication of delay by plaintiff in the litigation of this matter until the day of trial, it remains that neither plaintiffs counsel of record nor plaintiffs newly retained trial counsel provided the court or the…