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Smith v. 1630 Grand Avenue Corp.

7 N.Y.2d 741 Court N.Y. Decision date 1959-10-15 English

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p. 741
Yetta Smith et al., Appellants, v. 1630 Grand Avenue Corporation, Respondent.
Submitted October 5, 1959;
decided October 15, 1959.
I. Sidney Worthman for motion.
Morton A. Bernstein opposed.

Motion granted and appeal herein, being treated as one from an order dismissing the complaint for failure to prosecute, dismissed, with costs and $10 costs of motion, upon the ground that the determination 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 ).