Le Jeunne v. Baker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Dier, J.), entered January 17, 1991 in Warren County, which granted defendants’ motion to dismiss the complaint for plaintiffs unreasonable neglect to proceed to trial.
On December 6, 1990, Supreme Court sent a notice to the parties’ attorneys scheduling this negligence action* for trial on January 14, 1991-. Plaintiffs attorney appeared on the scheduled trial date and requested an adjournment of the trial, claiming that he experienced difficulty in reaching plaintiff, who resided in Paris, France. Plaintiffs attorney stated that although he "knew…
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