Peterec v Saffner

[*1] Peterec v Saffner 2010 NY Slip Op 50915(U) [27 Misc 3d 139(A)] Decided on May 24, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 24, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570809/09.

John L. Peterec, Plaintiff-Appellant,

against

Ronald Saffner, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered October 29, 2009, which granted defendant's motion to dismiss the complaint in an action to recover damages for legal malpractice.

Per Curiam.

Order (Tanya R. Kennedy, J.), entered October 29, 2009, reversed, without costs, defendant's motion to dismiss the complaint denied, and the matter remanded to Civil Court for a traverse hearing and for further proceedings.

In light of the particular facts of this matter and the policy favoring the disposition of issues on their merits, we conclude that the pro se plaintiff should have been afforded an adjournment of the traverse hearing to secure the attendance of his process server (see Ezragim Assoc., LLC v J.H. Design, Inc., 4 Misc 3d 130[A], 2004 NY Slip Op 50684[U] [2004]; see generally Balogh v H.R.B. Caterers, 88 AD2d 136 [1982]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 24, 2010