Brustowsky v. Herbst

*221Order, Supreme Court, New York County (Ira Gammerman, J.), entered June 23, 2003, which denied plaintiffs application for an adjournment of the trial and dismissed the complaint, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs or disbursements, the complaint reinstated, the parties directed to complete the deposition of defendant Herbst’s brother and the exchange of transcripts of all pretrial depositions within 45 days of service of a copy of this order, with notice of entry, and the trial adjourned to a date to be set by the trial court.

This is…