Smith v. 1630 Grand Avenue Corp.

Full title: YETTA SMITH et al., Appellants, v. 1630 GRAND AVENUE CORPORATION…

Court: Court of Appeals of the State of New York

Date published: Oct 15, 1959

7 N.Y.2d 741 (N.Y. 1959)

193 N.Y.S.2d 647

162 N.E.2d 734

Opinion

Submitted October 5, 1959

Decided October 15, 1959

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL H. HOFSTADTER, J.

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).