Warren v. New York Presbyterian Hospital

The trial court properly exercised its discretion in denying plaintiffs request for a continuance, after the close of evidence, *592to call an expert surgical witness. While notice of such expert witness had been given two years in advance, and the witness was present in court at the time the continuance was sought, plaintiffs counsel failed to alert the court of such fact, and the court, upon inquiry, learned that the witness was unavailable to testify the next day. Under the circumstances, plaintiff was not diligent in presenting the expert witness, and there was no offer of proof as to the…