Rubino v. City of New York

—In an action to recover damages in connection with the sale of personal property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), entered July 20, 1993, as granted the cross motion of the defendants City of New York and the Commissioner of the New York City Department of Social Services to dismiss the complaint insofar as it was asserted against them for failure to exhaust administrative remedies.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the…