Sunday Corner, Inc. v. Mandarin Express, Inc.

OPINION OF THE COURT

Lewis R. Friedman, J.

This motion seeks to vacate the judgment by default granted to petitioner. The case presents a serious question of this court’s ability to control its calendar.

This case appeared on the court’s calendar on seven occasions since October 4. A demand for a bill of particulars was served October 3. The petitioner provided one the next day, yet the case was adjourned at respondent’s request, to October 12 and then to October 19. Adjournment to October 26 was the result of respondent’s counsel’s actual engagement. Next adjournment was required for the court…