Hensle v. 69/70 Street Associates

OPINION OF THE COURT

Order entered February 17, 1998 reversed, with $10 costs, cross motions denied, and the complaint reinstated as against all defendants except defendant Douglas Elliman-Gibbons and Ives.

Appeal from order denying reargument entered September 11, 1998 dismissed, without costs, as nonappealable.

The record conclusively shows, and it is undisputed, that none of the defendants herein, save for defendant and third-party plaintiff Douglas Elliman-Gibbons and Ives (DEGI), served plaintiffs with a 90-day demand to file a notice of trial or moved to dismiss the complaint for alleged…