In the case of RJS v. LNC, RJS appealed from a Queens County Civil Court judgment that dismissed her personal injury case with prejudice due to her expert’s inability to appear at the trial.
While RJS did request an adjournment, the Civil Court judge ended up denying that request, and that denial became the central issue on appeal.
Upon its review, the Appellate Term, Second Department, found that the Civil Court had erroneously denied the postponement, particularly since the expert’s testimony was material to the case. The court noted that there was no indication that the adjournment was made to delay the proceedings or due to a lack of diligence on RJS’s part. Additionally, the defendants were not opposed to affording RJS the additional time.
Given those circumstances, the Appellate Term reversed the judgment, reinstated the complaint, and sent the matter back to the Civil Court.
Think she’ll be ready this time?
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DECISION