North East Appraisals v. Fink

Greenblott, J. P., and Herlihy, J., dissent and vote to affirm in the following memorandum by Greenblott, J. P. Greenblott, J. P. (dissenting).

We disagree with the majority’s conclusion that the trial court’s refusal to grant an adjournment constituted an abuse of discretion. To the contrary, the court properly exercised its discretion and directed that the case proceed to trial only after considering the period of time in which defendants had to secure new counsel, the status of the nonjury calendar for the term and the deliberate absence of defendants’ counsel. There are only two nonjury…