From Casetext: Smarter Legal Research

Goodfriend v. Pekofsky

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1985
110 A.D.2d 814 (N.Y. App. Div. 1985)

Opinion

April 22, 1985

Appeal from the Supreme Court, Rockland County (Stolarik, J.).


Appeal and cross appeal from order dated July 25, 1983 and resettled order dated September 13, 1983, dismissed, without costs or disbursements; said orders were superseded by the order entered November 30, 1983, upon reargument.

Order entered November 30, 1983, modified by deleting from the 14th decretal paragraph of the order dated September 13, 1983, the words "Rockland County" and substituting therefor "New York County". As so modified, order entered November 30, 1983, affirmed insofar as appealed from, without costs or disbursements.

Special Term properly issued a preliminary injunction restraining the defendants from performing real estate broker functions without a license (Real Property Law §§ 440, 440-a, 442-e). As to plaintiff's challenge to the denial of certain other branches of her motion for preliminary injunctive relief, we agree with Special Term that plaintiff has not demonstrated her entitlement to such a drastic remedy. The arguments on appeal present questions of fact which should more appropriately be raised and determined at trial. Since the partnership certificate had been filed in New York County, it is clear that Special Term misspoke when it referred to the partnership certificate "filed in the Rockland County Clerk's office". Mollen, P.J., Mangano, Thompson and O'Connor, JJ., concur.


Summaries of

Goodfriend v. Pekofsky

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1985
110 A.D.2d 814 (N.Y. App. Div. 1985)
Case details for

Goodfriend v. Pekofsky

Case Details

Full title:NORMA E. GOODFRIEND, Respondent-Appellant, v. STEVEN PEKOFSKY et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1985

Citations

110 A.D.2d 814 (N.Y. App. Div. 1985)

Citing Cases

Town Board v. 1320 Entertainment, Inc.

However, insofar as a preliminary injunction prohibiting violation of the noise ordinance would apparently…