Appellate Division of the Supreme Court of the State of New York December 15, 1980 (Joseph Polchinski Co. v. Cemetery Floral Co.)

In an action pursuant to article 15 of the Real Property Actions and Proceedings Law, plaintiffs appeal from an order of the Supreme Court, dated April 28, 1980 and entered in Westchester County, which granted defendants’ cross motion to dismiss the complaint pursuant to CPLR 3211 (subd [a]) on the ground, inter alia, that the commencement of the action was not properly authorized by the