Phoenix Assurance Co. v. Stark Mobile Homes, Inc.

Order, Supreme Court, New York County entered on September 8, 1971, vacating a stipulation of discontinuance and restoring the action to the trial calendar affirmed. Respondent shall recover of appellants $30 costs and disbursements of these appeals. Plaintiffs as subrogee instituted this action to recover the loss as a result of fire to the mobile home of its insured. On April 27, 1971 when the case appeared for trial, plaintiffs telephoned its key witness, the expert who was to testify as to the facts involved. The expert, Mr. Fisk, advised counsel that he had not inspected the home and did…