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Adjournment Which Would Not Affect Trial Date Should Have Been Granted

The First Department determined Supreme Court should not have denied a request for a one-day adjournment to conduct an independent medical examination (IME):

The court improvidently exercised its discretion by denying defendants a one-day adjournment to conduct the already scheduled IME, as there is no evidence that the failure to conduct it previously was willful, and no evidence that plaintiff would have been prejudiced by the delay …. Moreover, the court could have allowed the IME without vacating the note of issue…, thereby causing no delay in the trial. …  Pickering v Union 15 Rest Corp, 2013 NY Slip Op 04122, 1st Dept, 6-6-13

 

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