Trapani v. Samuels

• Decision Date: 17 October 1957
• Citation: Trapani v. Samuels, 167 N.Y.S.2d 952, 3 N.Y.2d 931 (N.Y. 1957)
• 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

Page 952

167 N.Y.S.2d 952

3 N.Y.2d 931, 145 N.E.2d 890

Susie TRAPANI, et al., Appellants, v. Lester SAMUELS, et al., Respondents.

Court of Appeals of New York.

Oct. 17, 1957.

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...