MOYE v. CITY OF NEW YORK


168 A.D.2d 342 (1990)

Manuel Moye et al., Individually and as Administrators of The Estate of Manuel Moye, Jr., Deceased, Appellants, v. City of New York, Respondent

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

December 18, 1990


Plaintiffs sought damages from defendant for the wrongful death of their son who committed suicide on Rikers Island in 1982. The action was commenced in May 1983. The action was marked off calendar on March 20, 1987, for plaintiffs' failure to attend a pretrial conference. Plaintiffs' counsel claimed that he had hired a calendar checking service and regularly read the New York Law Journal, but only learned that the case had been marked off in November 1989, at which time...

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