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SPINNER v. EINHORN'S INC

Appellate Division of the Supreme Court of New York, Second Department.
Oct 3, 1955

In an action to recover damages for malicious prosecution, and for other relief, plaintiff changed attorneys during the progress of the trial and refused to continue the trial unless an adjournment were granted. The adjournment was refused; the complaint was dismissed, and judgment was entered. Some eleven months later plaintiff moved at Special Term for an order "correcting the determination" of the Trial Justice. The motion was denied. Order affirmed, with $10 costs and disbursements. (Civ. Prac. Act, ยง 552.) Nolan, P.J., MacCrate, Beldock, Murphy and Ughetta, JJ., concur.