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3363 Sedgwick Ave. LLC v New York Found. for Senior Citizens Guardian Servs. Inc.
2006 NYSlipOp 51577(U)
Decided on August 15, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 15, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Davis, J.P., Gangel-Jacob, Schoenfeld, JJ
.

3363 Sedgwick Avenue LLC, Petitioner-Landlord-Respondent, No. 570495/05

against

New York Foundation for Senior Citizens Guardian Services Inc., for Gail Feit, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of the Civil Court, Bronx County (Pierre B. Turner, J.), entered July 1, 2005, after a nonjury trial, which awarded possession to landlord in a summary holdover proceeding.


PER CURIAM:

Final judgment (Pierre B. Turner, J.), entered July 1, 2005, reversed, with $30 costs, and the matter remanded to the Civil Court for a new trial.

The elderly tenant's request for a brief continuance so as to allow the testimony of the case worker assigned to her under Article 81 of the Mental Hygiene Law should have been granted. The short continuance requested was not for purposes of delay and the case worker's testimony is material to the issues litigated at trial. "Liberality should be exercised in granting postponements or continuances of trials to obtain material evidence and to prevent miscarriages of justice..." (H.R.B. Caterers, Inc. v. Balogh, 88 AD2d 136 [1982]).

This constitutes the decision and order of the court.
Decision Date: August 15, 2006