Flanzer v. Annette Manor Realty Corp.

Order denying defendant’s motion to vacate judgment and for a new trial reversed upon the law and the facts, and motion granted, costs to abide the event. It clearly appears that the attorney for the respondent was taken ill and unable to proceed with the trial. Under such circumstances the defendant was entitled to an order granting a new trial. Lazansky, P. J., Rich, Kapper, Seeger and Scudder, JJ., concur.