Schussel v. New York City Transit Authority — 52 N.Y.2d 729

Majority

p. 729

Bert Schussel et al., Appellants, v New York City Transit Authority, Respondent, et al., Defendants.

Argued November 10, 1980;

decided December 16, 1980

p. 730

APPEARANCES OF COUNSEL

Roger K. Solymosy and Steven E. Pegalis for appellants.

Kenneth Howard Schiffrin, Helen R. Cassidy, John A. Murray and Solomon Tanzer for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

There was no error of law in the unanimous determination of that court that all 22 causes of action set forth in the complaint should be dismissed. Nor was it an abuse of discretion to deny appellants leave to replead with respect to the claims alleged in the first four causes of action.

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

Order affirmed, with costs, in a memorandum.