SUTTER v. NELSON

Ordered, that the judgment is reversed, with costs, and a new trial is granted on the issue of damages.

In light of the established merit of the liability phase of the plaintiff's claim, the diligence exercised by the plaintiff's counsel, the short delay requested, and the importance of the testimony in issue, the continuance requested should have been granted (see, Gombas v. Roberts, 104 A.D.2d 521; Wilson v Wilson, 97 A.D.2d 897; Balogh v. H.R.B. Caterers, 88 A.D.2d 136). Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.