Legal Opinion

Damore v. Helmsley Palace, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 1990PublishedCited by 1 opinion

1Opinion of the Court

—Judgment, Supreme Court, New York County (Irma Vidal Santaella, J.), entered February 22, 1989, which dismissed the complaint and dismissed the third- and fourth-party complaints as moot, unanimously affirmed, without costs.

Where this personal injury action had been pending since 1982 and plaintiffs had relocated without advising their attorney of their whereabouts, it was not an abuse of the IAS *519court’s discretion under 22 NYCRR 202.27 (2) to dismiss the complaints where it appears that plaintiffs’ attorneys were unable at numerous court appearances, to comply with discovery requests or…

2Cases cited1 opinion

  1. Shakerley v. St. Peter's HospitalAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Wieland v. MossNew York Supreme Court · 1991

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