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Justice Smith http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=56965 PLAINTIFF SUED to recover for injuries suffered when she tripped and fell over a rope in a high school gym class. Upon leaving the county to attend college she refused to appear for trial on certain dates that conflicted with her school schedule, resulting in her counsel’s postponement on three trial dates. After being told she would appear, the court eventually ordered trial to begin the next day with or without plaintiff. Her counsel sought intervention of an appellate court so that plaintiff would not be prejudiced. The court held the attorney’s conduct was frivolous and warranted sanctions. It found counsel was aware plaintiff had no intention of taking off college to attend trial and should have advised the court of such. Instead, his misrepresentations interfered with the court’s scheduling of other trials and caused it to lay dormant for three days. It fined counsel $1000 to be paid from its own funds, not reimbursed by plaintiff.

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