Leyse v. Domino's Pizza LLC

*360Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 15, 2007, which, in a purported class action seeking an injunction and a judgment declaring that defendant food distributor trespassed on plaintiffs property by slipping an advertising flier under the door to plaintiffs apartment without plaintiffs permission, granted defendant’s cross motion to dismiss the complaint and for 22 NYCRR part 130 costs and sanctions, unanimously modified, on the facts, to vacate the award of costs and sanctions, and otherwise affirmed, without costs.

The action was properly dismissed in…