Schussel v. New York City Transit Authority

Full title: BERT SCHUSSEL et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY…

Court: Court of Appeals of the State of New York

Date published: Dec 16, 1980

417 N.E.2d 569 (N.Y. 1980)

417 N.E.2d 569

436 N.Y.S.2d 275

Opinion

Argued November 10, 1980

Decided December 16, 1980

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MARTIN B. STECHER, J.

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

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

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.