Guthartz v. City of New York

Order, Supreme Court, New York County, entered September 8, 1977, denying defendants’ motion for summary judgment is unanimously modified, on the law, and defendant’s motion for summary judgment is granted to the extent to dismissing the complaint, without prejudice to an application to Special Term, to be made within 30 days after the service of a copy of the order hereon, for leave to serve an amended complaint based on failure of consideration or condition, impossibility, frustration of purpose, or related grounds, and the order is otherwise affirmed, without costs and without…