Pennisi v. City of New York — 53 N.Y.2d 779

Majority

p. 779

Anna M. Pennisi, Appellant, v City of New York et al., Defendants, and Realux Realty, Inc., Respondent.

Decided April 9, 1981

p. 780

APPEARANCES OF COUNSEL

Jerome D. Silberstein for appellant.

Louis J. Castellano, Jr., for respondent.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate

p. 781

Division abused its discretion in granting the motion to dismiss the action unconditionally as against defendant Realux Realty, Inc., pursuant to CPLR 3216.

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