Parkway Co-op. Apartments, Inc. v. Gedney Bldg Corp.

• Decision Date: 20 May 1965
• Citation: 261 N.Y.S.2d 65,16 N.Y.2d 613
• Parties: , 209 N.E.2d 109 PARKWAY COOPERATIVE APARTMENTS, INC., Appellant, v. GEDNEY BUILDING CORP. et al., Respondents, Jennie Smith et al., Defendants.
• Court: New York Court of Appeals Court of Appeals

Page 65

261 N.Y.S.2d 65

16 N.Y.2d 613, 209 N.E.2d 109

PARKWAY COOPERATIVE APARTMENTS, INC., Appellant, v. GEDNEY BUILDING CORP. et al., Respondents, Jennie Smith et

al., Defendants.

Court of Appeals of New York.

May 20, 1965.

Motion for leave to appeal from Supreme Court, Appellate Division, First Department, 23 A.D.2d 537, 255 N.Y.S.2d 238.

The Supreme Court at Special Term in New York County, Aurelio, J., dismissed complaint for failure to prosecute, and plaintiff appealed.

The Appellate Division affirmed, and plaintiff moved for leave to appeal.

Motion for leave to appeal dismissed, upon the ground that the determination sought to be reviewed involves a pure question of discretion of the type not reviewable by the Court of Appeals. (See, e. g., Keller v. United States Lines, 15 N.Y.2d 908, 258 N.Y.S.2d 644, 206 N.E.2d 651.)