Mannari v. Trinity 21 Corp.

In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Kings County, dated June 29, 1979, which denied their motion to dismiss plaintiff’s complaint. Order modified by deleting from the first decretal paragraph thereof the words "in each and every respect” and substituting therefor the following: "without prejudice to defendant Urban Management Company moving at Trial Term to dismiss the complaint under its affirmative defense of a prior action pending between it and plaintiff.” As so modified, order affirmed, without costs or…