Opinion
March 8, 1994
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
This action resulted from an automobile accident in which plaintiff's car was struck by defendants' taxicab. The only contested issue was damages. The record contains numerous irregularities related to the scheduling and conduct of the inquest. Defendants' counsel argues that the denial of his application for a brief adjournment was an abuse of discretion considering that defendants' counsel believed he was attending a conference rather than an inquest. The purpose of the adjournment was to secure the attendance of expert medical testimony. The proceeding was listed in the New York Law Journal as a conference.
In light of the award of $800,000 to plaintiff after his counsel had requested only $650,000, we hold that a new inquest is warranted (see, Balogh v. H.R.B. Caterers, 88 A.D.2d 136, 141; DiMauro v. Metropolitan Suburban Bus Auth., 105 A.D.2d 236, 241).
Concur — Murphy, P.J., Kupferman, Asch and Nardelli, JJ.