Engel v. City of New York — 50 N.Y.2d 861

Majority

p. 861

Alfred Engel, Appellant, v City of New York et al., Respondents. William B. Pressman et al., Appellants, v City of New York et al., Respondents.

Argued May 1, 1980;

decided June 3, 1980

p. 862

APPEARANCES OF COUNSEL

Murray Rudman for appellants.

Allen G. Schwartz, Corporation Counsel (L. Kevin Sheridan of counsel), for respondents.

OPINION OF THE COURT

Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division ( 66 AD2d 715 ). Contrary to our normal policy of awarding costs to the prevailing party, we decline to do so in this case because of respondents’ delay in submitting their brief.

p. 863

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.