Trapani v. Samuels
| Decision Date | 17 October 1957 |
| Citation | 167 N.Y.S.2d 952,3 N.Y.2d 931 |
| Parties | , 145 N.E.2d 890 Susie TRAPANI, et al., Appellants, v. Lester SAMUELS, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 3 A.D.2d 861, 161 N.Y.S.2d 648.
Action was brought to recover damages for alleged malpractice and for medical expenses and loss of services. From an order of the Supreme Court, D. Ormonde Ritchie, J., dated May 3, 1956, dismissing the complaint for failure to prosecute, and from judgment entered thereon, and from an order dated June 6, 1956, denying a motion for reargument, the plaintiffs appealed.
The Appellate Division, 3 A.D.2d 861, 161 N.Y.S.2d 648, affirmed the order of May 3, 1956 and the judgment, dismissed the appeal from the order of June 6, 1956, and held that disputed claim of continuing settlement negotiations was not a sufficient explanation for the delay.
The Appellate Division, 4 A.D.2d 681, 164 N.Y.S.2d 1015, denied motion for reargument.
The plaintiffs made a motion in the Court of Appeals for leave to appeal.
Motion for leave to appeal denied with ten dollars costs and necessary printing disbursements, upon the ground that the determination sought to be reviewed involves a pure question of discretion of the type not reviewable by this Court.
To continue reading
Request your trial
-
Sortino v. Fisher
...Street Corp., 14 A.D.2d 843, 220 N.Y.S.2d 967; Trapani v. Samuels, 3 A.D.2d 861, 161 N.Y.S.2d 648 [2nd Dept.], lv. den. 3 N.Y.2d 931, 167 N.Y.S.2d 952, 145 N.E.2d 890; Fast v. Meenan Oil Co., Inc., 1 A.D.2d 889, 149 N.Y.S.2d 332 [2 nd Dept.]; Mann v. Nednil Terrace Corp., 35 Misc.2d 182, 23......
-
Selwitshka v. Glens Falls Hospital
...A.D.2d 843, 220 N.Y.S.2d 967; Trapani v. Samuels, 3 A.D.2d 861, 161 N.Y.S.2d 648 (2nd Dept.), mot. for lv. to app. den. 3 N.Y.2d 931, 167 N.Y.S.2d 952, 145 N.E.2d 890; Fast v. Meenan Oil Co., 1 A.D.2d 889, 149 N.Y.S.2d 332 (2nd Dept.); Mann v. Nednil Terrace Corp., 35 Misc.2d 182, 232 N.Y.S......
-
Feingold v. City of New York
...dismissed, without costs, upon the ground that the question presented involves a non-reviewable exercise of discretion (Trapani v. Samuels, 3 N.Y.2d 931, 167 N.Y.S.2d 952). All concur except BURKE, J., taking no ...
-
Schwartz v. Colorfilm, Inc.
...sought to be reviewed involves a pure question of discretion of the type not reviewable by the Court of Appeals (Trapani v. Samuels, 3 N.Y.2d 931, 167 N.Y.S.2d 952). ...