Capalongo v. Desch

Full title: PETER R. CAPALONGO et al., Appellants, v. NOEL DESCH et al., Respondents…

Court: Court of Appeals of the State of New York

Date published: Nov 9, 1982

57 N.Y.2d 972 (N.Y. 1982)

457 N.Y.S.2d 243

443 N.E.2d 491

Opinion

Argued October 5, 1982

Decided November 9, 1982

Appeal from the Supreme Court Tompkins County, RICHARD F. KUHNEN, J.

Robert J. Hines for appellants.

Robert J. Clune for respondents.

MEMORANDUM.

The judgment of Supreme Court and the order of the Appellate Division brought up for review should be affirmed, with costs.

It appears that the parties by stipulation and judgment of the Supreme Court entered thereon have discontinued, without prejudice, all aspects of the present action save only with respect to the Appellate Division's grant of summary judgment to defendants-appellants Desch and May dismissing the first and second causes of action in the amended complaint. That dismissal is described in the opinion at the Appellate Division as addressed to the causes of action "seeking judgment rescinding the conveyance to Desch and directing a conveyance to plaintiffs" ( 81 A.D.2d 689, 690-691). The grant of summary judgment, so characterized, should be affirmed for the reasons stated in the memorandum opinion at the Appellate Division.

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

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.