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

Opinion

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

99 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1984

Full text

In the Matter of the City of New York v. Unsafe Building & Structure Number 147-21 Huxley Street. Enrique Felipa, Appellants Intercounty Mortgage Corp.

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.