Engel v. City of New York

Full title: ALFRED ENGEL, Appellant, v. CITY OF NEW YORK et al., Respondents. WILLIAM…

Court: Court of Appeals of the State of New York

Date published: Jun 3, 1980

407 N.E.2d 1350 (N.Y. 1980)

407 N.E.2d 1350

430 N.Y.S.2d 54

Opinion

Argued May 1, 1980

Decided June 3, 1980

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BAER, J.

Murray Rudman for appellants.

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

Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division ( 66 A.D.2d 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.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.