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DAMORE v. HELMSLEY PALACE, INC.

157 A.D.2d 518 (1990)

Robert A. Damore et al., Appellants, v. Helmsley Palace, Inc., Respondent and Third-Party Plaintiff, and Julien & Schlesinger, P. C., Appellant. Morse Diesel, Inc., Third-Party Defendant and Fourth-Party Plaintiff-Respondent; Three Rivers Aluminum Co., Inc., et al., Fourth-Party Defendants-Respondents

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

January 16, 1990

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...

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