Morrocoy Marina, Inc. v. Altengarten

OPINION OF THE COURT

By notice of motion dated April 9,1982 and made returnable April 26,1982, defendant moved for an order dismissing plaintiff’s amended complaint upon the ground that it failed to state a cause of action. On April 22,1982, prior to the return date of the motion, plaintiff discharged the attorneys then representing it, expecting to substitute its present attorney, Isaac Anolic. However, Mr. Anolic, who is the sole attorney in his firm, was on vacation and did not return until April 27, 1982. Knowing that Mr. Anolic was on vacation, plaintiff requested the outgoing attorneys…