Romero v. City of New York

In Romero v. City of New York (272 AD2d 599 [2d Dept 2000]), the Appellate Division had reversed a judgment for plaintiff, concluding that it was error for the trial court to grant a reasonable adjournment of the trial so that defendants' examining physician could testify upon his return from Switzerland a few days later. Following remand, a second trial was scheduled for late August or early September 1999. However, defendants' counsel requested that plaintiff be ordered to submit to a further examination as the physician was then on a teaching sabbatical in Switzerland and defendants would have to pay him an exorbitant sum in order to have him appear for the scheduled trial. The trial court granted the application, but the Appellate Division reversed. It held that there was no evidence as to when defendants' counsel tried to arrange for the physician's trial appearance; the record indicated that the physician needed only two weeks' notice and could have been available within a few days. The Appellate Division ruled that, in either situation, "the proper resolution would have been to adjourn the trial until [the physician] could appear" (272 AD2d at 600).