64 A.D.2d 582 | N.Y. App. Div. | 1978
To the extent appealed from, and to the extent not mooted as hereinafter set forth, order, Supreme Court, New York County, entered August 25, 1977, reversed, on the law, and the cross motions of defendants-appellants made severally to dismiss the complaint, whether based on CPLR 3211 (subd [a], par 7) or CPLR 3212 (subd [b]), granted, without costs and without disbursements. No appeal was taken by plaintiffs-respondents from denial of their motion for class action status (CPLR 902). As to the so-called "Police defendants” (McGuire [as successor to Codd], Schryber, Ravens, Corridan, James T. Sullivan, Devitt and Peters), the parties have, in a written stipulation dated June 26, 1978 placed on file together with its covering letter from counsel for plaintiffs-respondents, consented to a decree settling the issues as to
Since argument of the appeal, a stipulation of settlement has been entered into between plaintiffs and the New York City Police Department.