Kellett's Well Boring, Inc. v. City of New York

Order, Supreme Court, New York County (Louis York, J.), entered on or about December 21, 1998, which denied the motion of the defendant in Action No. 1, the City of New York, to dismiss, unanimously reversed, on the law and the facts, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant City of New York dismissing the complaint as against it in Action No. 1. Appeal from order, same court (Joan Madden, J.), entered January 22, 2001, which denied as moot plaintiffs motion in Action No. 1 to extend its notice of pendency, unanimously dismissed,…