Sutera v. Inwood Motors, Inc.

• Court: New York Supreme Court — Appellate Division
• Citation: Sutera v. Inwood Motors, Inc., 181 N.Y.S.2d 47, 7 A.D.2d 753 (N.Y. App. Div. 1958)
• Decision Date: 22 December 1958
• Parties: Rosaria SUTERA, Saverio Sutera, an infant, by John Sutera, his guardian ad litem, and John Sutera, Appellants, v. INWOOD MOTORS, Inc., Respondent, and Aaron Schwartz, Defendant.

Page 47

181 N.Y.S.2d 47

7 A.D.2d 753

Rosaria SUTERA, Saverio Sutera, an infant, by John Sutera his guardian ad litem, and John Sutera, Appellants, v. INWOOD MOTORS, Inc., Respondent, and Aaron Schwartz, Defendant.

Supreme Court, Appellate Division, Second Department.

Dec. 22, 1958.

Jay Leo Rothschild, New York City, for appellant.

John M. Cunneen, New York City, for respondent.

Before NOLAN, P. J., and BELDOCK, MURPHY, HALLINAN and KLEINFELD, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for injuries to person and property and to recover incidental damages for medical expenses and loss of services against the owner and operator of a motor vehicle, the appeal is from an order dismissing the complaint on the owner's motion, for failure to prosecute. The accident herein occurred on May 6, 1955 and action was commenced on January 18, 1957. Issue was joined on May 9, 1957. The record indicates that for a considerable period from October, 1957 to May, 1958 appellants' attorney was away from his office because of illness. The motion resulting in the order...