City of New York v. Unsafe Building & Structure Number 147-21 Huxley Street

Appellate Division of the Supreme Court of New York

City of New York v. Unsafe Building & Structure Number 147-21 Huxley Street

99 A.D.2d 533, 471 N.Y.S.2d 320, 1984 N.Y. App. Div. LEXIS 16749

Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1984·Published·Cited by 3 cases

Opinion

In a proceeding to demolish an allegedly unsafe building, Enrique Felipa and Alphonso Robinson appeal from an order of the Supreme Court, Queens County (Hyman, J.), entered August 3, 1983, which granted the application. Order reversed, without costs or disbursements, and new trial granted. Under the circumstances, appellants’ request for an adjournment of a few days should have been granted, especially since the testimony of the most knowledgeable witness, who was not then available, was necessary as to the essential issue of the case (see Distribuidora Nacional De Disco v Rappoport, 92 AD2d 559; Balogh v H.R.B. Caterers, 88 AD2d 136). Titone, J. P., Gibbons, Thompson and Boyers, JJ., concur.

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In a proceeding to demolish an allegedly unsafe building, Enrique Felipa and Alphonso Robinson appeal from an order of the Supreme Court, Queens County (Hyman, J.), entered August 3, 1983, which granted the application. Order reversed, without costs or disbursements, and new trial granted. Under the circumstances, appellants’ request for an adjournment of a few days should have been granted, especially since the testimony of the most knowledgeable witness, who was not then available, was necessary as to the essential issue of the case (see Distribuidora Nacional De Disco v Rappoport, 92 AD2d 559; Balogh v H.R.B. Caterers, 88 AD2d 136). Titone, J. P., Gibbons, Thompson and Boyers, JJ., concur.

City of New York v. Unsafe Building & Structure Number 147-21 Huxley Street, 99 A.D.2d 533, 471 N.Y.S.2d 320, 1984 N.Y. App. Div. LEXIS 16749 (N.Y. Ct. App. 1984).

Pincite

99 A.D.2d 533 (City of New York v. Unsafe Building & Structure Number 147-21 Huxley Street) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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