Blog

Adjournments not granted as a matter of courseDecember 15, 2016

Adotey v British Airways, PLC, 2016 NY Slip Op 08341 (2d Dept. 2016)

(1) “The granting of an adjournment for any purpose rests within the sound discretion of the Supreme Court (see Matter of Steven B., 6 NY3d 888, 889), and its determination will not be disturbed absent an improvident exercise of that discretion (see Diamond v Diamante, 57 AD3d 826, 827). In deciding whether to grant an adjournment, the court must engage in a balanced consideration of numerous relevant factors (see Hawes v Lewis, 127 AD3d at 922). It is not an improvident exercise of discretion to deny an adjournment where the need for such a request is based on the movant’s failure to exercise due diligence (see Matter of Breaker v ACS-Kings, 129 AD3d 715, 716; see also Armele v Moose Intl., 302 AD2d 986, 986).

(2) In addition, while a court has the discretion to grant an extension of time to file opposition papers, it must be upon a showing of good cause (see CPLR 2004). The delinquent party must offer a valid excuse for the delay (see Kubicsko v Westchester County Elec., Inc., 116 AD3d 737, 739).”

People do not realize that cases do not get adjourned automatically because the attorney has “more pressing things to do”.  It is up to the sound discretion of the trial court.  I would imagine there is more than meets the eyes here.

Leave a Reply