Azapinto v. Jamaica Hospital

Contrary to the appellants’ contention, the verdict was based upon a fair interpretation of the evidence and, therefore, will not be set aside as being against the weight of the evidence (see Nicastro v Park, 113 AD2d 129, 134). However, the Supreme Court improvidently exercised its discretion in denying the appellants a short adjournment to locate a witness. The witness’ testimony was material, the application was properly made and was not made for purpose of delay, and the need for the adjournment did not result from the appellants’ failure to exercise due diligence (see Matter of Shepard,…