
    Cecelia KREMEN, respondent, v. LONDON ASSURANCE CORPORATION, appellant.
    (Supreme Court, Appellate Division, Second Department.
    April 14, 1916.)
    Misunderstanding the length of the daily trial sessions at Riverhead, defendant’s counsel subpoenaed his witnesses to attend on a day after the cause had been reached and the trial begun, and at 11 a. m., an inconvenient hour for these witnesses coming by railway. This may not have been a legal excuse. 'Counsel had to close his defense without testimony of these witnesses, who appear to have been material. In view of the issues, and all the circumstances, defendant should have another opportunity! to present its proofs to the jury. Judgment and orders reversed, and a new trial granted, upon the conditions that, within five days from entry of this order, defendant pay to plaintiff’s attorney the sum of $150, and stipulate to be ready to retry the cause at the Suffolk County Trial Term, beginning May 1, 1916; otherwise, judgment and orders affirmed, with costs.
   Jenks, I’. J., and Stapleton, Mills, Rich, and Putnam, JJ., concur.  