Tsomis v. Benenson

Judgment directing dismissal of the complaint, unanimously reversed on the law, the facts and in the exercise of discretion on the ground that it was an improvident exercise of discretion, in the circumstances, at least not to order a short adjournment so that plaintiff might attempt to locate the witness, A new trial is ordered, with $50 costs and disbursements to abide the event. Concur— Botein, P. J., Capozzoli, Rabin, McNally, and McGivern, JJ,