May 12, 2009
ARTS4ALL, LTD., APPELLANT, ET AL., PLAINTIFF,
JUDITH L. HANCOCK, RESPONDENT.
JUDITH L. HANCOCK, THIRD-PARTY RESPONDENT,
DANIEL Y.C. NG, ET AL., THIRD-PARTY DEFENDANTS.
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.
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs, and the certified question not answered as unnecessary.
The courts below applied the correct legal standards, properly considered all the facts and circumstances of the case, and did not abuse their discretion in dismissing plaintiffs' remaining cause of action pursuant to CPLR 3126 (3) (see Kihl v Pfeffer, 94 NY2d 118, 123 ).
On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, affirmed, with costs, and certified question not answered as unnecessary, in a memorandum.Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.
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