Burgess v. Charles H. Greenthal Management Corp.

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered October 18, 2004, which, to the extent appealable, denied defendants’ motion to renew an earlier order, same court and Justice, entered July 8, 2004, granting dismissal of the action as against defendants Greenthal Management and Sklar but not on the merits, unanimously affirmed, without costs.

Appellants’ motion for summary judgment was granted to the extent of dismissing the complaint without prejudice, on the ground that plaintiffs had failed diligently to obtain leave of court to sue the receiver, despite a November 2000…