Cipriano v. Rish

Order, Supreme Court, New York County (George Bundy Smith, J.), entered April 22, 1985, which granted defendants’ motion to dismiss the complaint unless the plaintiffs served and filed a note of issue by May 31, 1985, unanimously modified, on the law and the facts and in the exercise of discretion, to strike the condition and thereby unconditionally dismiss the complaint, and otherwise affirmed, without costs. The appeal from an order, Supreme Court, New York County (Helen E. Freedman, J.) entered November 16, 1984, is dismissed as superseded by the appeal from the order of April 22, 1985.

This…