Malpica v. City of New York

Appeal from judgment, Supreme Court, Bronx County (Howard R. Silver, J.), entered April 6, 1989, granting plaintiffs’ motion to strike defendant Belco Associates, Inc.’s answer and awarding summary judgment against it in plaintiffs’ favor, sua sponte dismissed, as superseded by the appeal from the order entered January 12, 1990, without costs; and order of the same court, entered January 12, 1990, which, upon defendant Belco’s motion for renewal and/or reargument, adhered to its original determination, is unanimously affirmed, with costs.

We find that the Supreme Court did not abuse its…