Brown v. Data Communications, Inc.
Cases that cite this one
19 later published cases cite this decision.
- Matter of Lucinda A. (Luba A.) (Appellate Division of the Supreme Court of New York 2014)
- In re Angie N.W. (Appellate Division of the Supreme Court of New York 2013)
- In re Angie N.W. (Appellate Division of the Supreme Court of New York 2013)
- Matter of Hanrahand v. Hanrahand (Appellate Division of the Supreme Court of New York 2023)
- Matter of Rivera v. Diaz (Appellate Division of the Supreme Court of New York 2020)
- Krische v. Sloan (Appellate Division of the Supreme Court of New York 2012)
- Krische v. Sloan (Appellate Division of the Supreme Court of New York 2012)
- In re Tripp (Appellate Division of the Supreme Court of New York 2012)
- In re Tripp (Appellate Division of the Supreme Court of New York 2012)
- Diamond v. Diamante (Appellate Division of the Supreme Court of New York 2008)
- Paulino v. Camacho (Appellate Division of the Supreme Court of New York 2007)
- Adotey v. British Airways, PLC (Appellate Division of the Supreme Court of New York 2016)
- Matter of Xiao-Lan Ma v. Washington (Appellate Division of the Supreme Court of New York 2015)
- Matter of Ca'leb R. D. (Mary D. S.) (Appellate Division of the Supreme Court of New York 2014)
- Bacchus v. City of New York (Appellate Division of the Supreme Court of New York 2009)
- Constance P. v. Avraam G. (Appellate Division of the Supreme Court of New York 2006)
- Gorbatov v. Gardens 75th Street Owners Corp. (Appellate Division of the Supreme Court of New York 2001)
- Pinto v. Pinto (Appellate Division of the Supreme Court of New York 1999)
- Ortolani v. Town of Hempstead (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action, inter alia, to recover damages for wrongful discharge from employment, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered March 20, 1995, which, upon granting the defendants’ trial motion to dismiss on the plaintiff’s default in proceeding at trial, dismissed the complaint.
Ordered that the judgment is affirmed, without costs or disbursements.
It is now well settled that an appeal lies from a judgment entered upon the default of the appealing party but review is limited to matters which were the subject of contest below (see, CPLR 5511; James v Powell, 19 NY2d 249, 256, n 3; Katz v Katz, 68 AD2d 536). This appeal brings up for review the denial of the plaintiff’s motion for an adjournment to permit him to subpoena as his own witness one of the defendants who was not present in court. The plaintiff thereupon refused to proceed and the court dismissed the complaint on the defendants’ motion.
The court did not improvidently exercise its discretion in denying the plaintiff’s request for an adjournment. There were several other witnesses available to testify, and the plaintiff’s refusal to proceed with the presentation of other evidence was, under the circumstances, unreasonable. Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.