Mansfield Farms, Inc. v. Questroyal Farm

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (P. Patsalos, J.), entered November 30, 1989 in Orange County, which denied plaintiff’s motion to restore its action to the Trial Calendar.

Following a pretrial conference on Friday morning, April 28, 1989, Supreme Court set the trial of this case for Monday, May 1, 1989. Counsel for plaintiff spent Friday afternoon notifying his witnesses of the imminent trial. Apparently while so engaged, at approximately 6:00 p.m., he received a telephone call from John Fabiani, trial…