Gross v Empire State Bldg. Assocs.
2004 NYSlipOp 01310
Decided on March 2, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on March 2, 2004
Nardelli, J.P., Mazzarelli, Andrias, Sullivan, Lerner, JJ.
2128

[*1]Peter Gross, etc., et al., Plaintiffs-Respondents,

v

Empire State Building Associates, et al., Defendants-Appellants.





Stephen C. Glasser
Michael S. Vogel
Steven B. Prystowsky

Order, Supreme Court, New York County (Edward Lehner, J.), entered February 24, 2003, reversed, on the law, without costs, defendants' motion for summary judgment granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Opinion by Andrias, J. All concur.

Order filed.