Jack Canter v. Mulnick

Full title: JACK CANTER et al., Appellants, v. NORMAN MULNICK, Respondent

Court: Court of Appeals of the State of New York

Date published: Sep 29, 1983

60 N.Y.2d 689 (N.Y. 1983)

468 N.Y.S.2d 462

455 N.E.2d 1257

Opinion

Decided September 29, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HILDA G. SCHWARTZ, J.

Jacob Rabinowitz for appellants.

Nathan Cyperstein for respondent.

MEMORANDUM.

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

The Appellate Division correctly held that the plaintiffs' affidavit failed to establish the merit of their case, and that the motion to dismiss should have been granted unconditionally (see Stolowitz v Mount Sinai Hosp., 60 N.Y.2d 685).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.