Opinion
11-16-2017
In the Matter of Ryszard GRAJKO, Appellant, v. CITY OF NEW YORK, et al., Respondents.
Gregory J. Cannata & Associates, LLP, New York City (Gregory J. Cannata of counsel), for appellant. Cornell Grace, P.C., New York City (Porsha Requel Johnson and Keith D. Grace of counsel), for respondents. Matthew A. Funk, New York State Trial Lawyers Association and Sullivan Papain Block McGrath & Cannavo, P.C., New York City (Brian J. Shoot of counsel), for New York State Trial Lawyers Association, amicus curiae.
Gregory J. Cannata & Associates, LLP, New York City (Gregory J. Cannata of counsel), for appellant.
Cornell Grace, P.C., New York City (Porsha Requel Johnson and Keith D. Grace of counsel), for respondents.
Matthew A. Funk, New York State Trial Lawyers Association and Sullivan Papain Block McGrath & Cannavo, P.C., New York City (Brian J. Shoot of counsel), for New York State Trial Lawyers Association, amicus curiae.
On review of submissions pursuant to section 500.11 of the Rules, appeal dismissed, with costs, upon the ground that the two-Justice dissent at the Appellate Division is not on a question of law (see CPLR 5601[a] ). A disagreement as to whether Supreme Court improvidently exercised its discretion is not a matter of law (see Matter of Von Bulow, 63 N.Y.2d 221, 225 n., 481 N.Y.S.2d 67, 470 N.E.2d 866 [1984] ).
Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.