Practice point: It is an improvident exercise of discretion to deny a
continuance where the application is properly made, is not made for the
purpose of delay, the evidence is material, and the need for a
continuance did not result from the failure to exercise due diligence.
Student note: An application for a continuance or adjournment is addressed to the
sound discretion of the trial court, and the grant or denial thereof
will be upheld on appellate review if the trial court providently
exercised its discretion.
Case: Black v. St. Luke's Cornwall Hosp., NY Slip Op 08223 (2d Dept. 2013).
Here is the decision.
Thursday's issue: Workers' Comp.
