THOMPSON v. SHAFER


57 A.D.2d 824 (1977)

Arthur Thompson, as Administratrix of The Estate of Doris B. Thompson, Deceased, et al., Appellants, v. Donald M. Shafer et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 31, 1977


In this action for, inter alia, wrongful death which resulted from the alleged negligence and malpractice of defendants in the care and treatment rendered to Doris B. Thompson, we find that there was no intention by plaintiff to abandon the action and that there was no undue prejudice to defendants because of the delay by plaintiff's counsel in prosecuting the action. Under the circumstances and on this record, the plaintiff should not be required to suffer the consequences...

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