Rodriguez v. Pisa Caterers, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to recover damages for personal *687injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated July 9, 1987, which dismissed the action, sua sponte.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the matter is restored to the Trial Calendar and remitted to the Supreme Court, Kings County, for further proceedings.
We find that the trial court’s denial of the plaintiff’s application for an adjournment is reviewable by this court (see, Jensen v Union Ry. Co., 260 NY 1, 4) and that an adjournment should…
2Cases cited5 opinions
- Balogh v. H.R.B. Caterers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Jensen v. Union Railway Co.New York Court of Appeals · 1932
- Distribuidora Nacional De Disco of New York, Inc. v. RappaportAppellate Division of the Supreme Court of the State of New York · 1983
- American Telephone & Telegraph Co. v. Lincoln Industrial Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Terone v. AndersonAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by2 opinions
- Dunleavy v. SamuelAppellate Division of the Supreme Court of the State of New York · 1991
- Vorontsova v. PrioloAppellate Division of the Supreme Court of the State of New York · 2009