Legal Opinion
Village of Clayville v. Stearns & Wheler Engineers & Scientists
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2001Published
1Opinion of the Court
Order unanimously reversed on the law without costs, complaint reinstated and new trial granted in accordance with the following Memorandum: Supreme Court abused its discretion in denying the request of plaintiff for a one-day continuance to allow its expert witness to testify (see, Stevens v Auburn Mem. Hosp., 286 AD2d 965; Halloran v Spina Floor Covering, 185 AD2d 149; Cirino v St. John, 146 AD2d 912, 913). In addition, the court erred in sua sponte dismissing the complaint before plaintiff rested its case (see, McGhee v New York City Hous. Auth., 243 AD2d 544; Cass v Broome County Co-op.…
2Cases cited5 opinions
- Balogh v. H.R.B. Caterers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Cass v. Broome County Co-operative InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Stevens v. Auburn Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2001
- Cirino v. St. JohnAppellate Division of the Supreme Court of the State of New York · 1989
- McGhee v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997