From Casetext: Smarter Legal Research

Damore v. Helmsley Palace, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1990
157 A.D.2d 518 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).


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 court'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 otherwise prosecute their action because of their inability, despite diligent efforts, to locate or communicate with their clients. Nor was it error, under the circumstances, for the court not to entertain counsel's proposed order to show cause to withdraw and for a 60-day stay of these actions. (See, Shakerley v. St. Peter's Hosp., 91 A.D.2d 759.)

Concur — Kupferman, J.P., Ross, Asch, Kassal and Smith, JJ.


Summaries of

Damore v. Helmsley Palace, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1990
157 A.D.2d 518 (N.Y. App. Div. 1990)
Case details for

Damore v. Helmsley Palace, Inc.

Case Details

Full title:ROBERT A. DAMORE et al., Appellants, v. HELMSLEY PALACE, INC., Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 16, 1990

Citations

157 A.D.2d 518 (N.Y. App. Div. 1990)
549 N.Y.S.2d 709

Citing Cases

Wieland v. Moss

The plaintiff's attorney's cross motion is likewise denied. Under the circumstances, the court will not…

Thornton v. State

-------- Based upon the foregoing, this motion is in all respects denied (see Damore v Helmsley Palace, Inc.,…