McPhail v. F & B Associates

—Order of the Supreme Court, Bronx County (Ahita Florio, J.), entered on October 5, 1989, which granted plaintiffs’ motion to restore this matter to the Trial Calendar, is unanimously reversed on the law to the extent appealed from, and plaintiffs’ motion to restore the action against defendant Simone Realty Co. is denied without prejudice to renew upon proper papers, without costs or disbursements.

Defendant Simone Realty Co. appeals from an order of the Supreme Court granting plaintiffs’ motion to restore the action to the Trial Calendar. In their complaint, plaintiffs seek damages arising…