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ARNOLD ZEITLIN ET AL. v. MERRICK BAY PARK (06/05/68)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


June 5, 1968

ARNOLD ZEITLIN ET AL., RESPONDENTS,
v.
MERRICK BAY PARK, INC., APPELLANT

Appeal from a judgment of the Small Claims Part of the District Court of the County of Nassau (Alfred F. Samenga, J.), in favor of plaintiffs, entered May 31, 1967 upon an inquest taken after a request by defendant's counsel for an adjournment was denied.

Concur -- Hogan, P. J., Glickman and Pittoni, JJ.

Author: Per Curiam

 Under the circumstances shown here, we find no abuse of the trial court's discretion in refusing defendant's request for an adjournment. Aside from the fact that defendant had adequate time, prior to the trial date, to implead the proposed third-party defendant, it is admitted that no notification was given to plaintiffs that an adjournment of the trial would be requested. On these facts, to compel plaintiffs to again return to court for the trial of a small claim would tend to defeat the beneficial purpose of the Small Claims Part which is to afford an individual the opportunity to litigate a matter personally with the least possible delay or expense.

The judgment should be affirmed, with $10 costs.

Judgment affirmed, etc.

Disposition

Judgment affirmed, etc.

19680605

© 1998 VersusLaw Inc.



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