Capalongo v. Desch

OPINION OF THE COURT

Memorandum.

The judgment of Supreme Court and the order of the Appellate Division brought up for review should be affirmed, with costs.

It appears that the parties by stipulation and judgment of the Supreme Court entered thereon have discontinued, without prejudice, all aspects of the present action save only with respect to the Appellate Division’s grant of summary judgment to defendants-appellants Desch and May dismissing the first and second causes of action in the amended complaint. That dismissal is described in the opinion at the Appellate Division as addressed to the…