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Weaver v. Essex Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1997
235 A.D.2d 369 (N.Y. App. Div. 1997)

Opinion

January 30, 1997.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about November 29, 1995, which denied plaintiff tenant's motion for a preliminary injunction and transferred Action No. 1 to Civil Court pursuant to CPLR 325 (d), and order, same court (Paula Omansky, J.), entered on or about April 26, 1996, which, inter alia, denied plaintiffs motion to stay a Civil Court holdover proceeding commenced by defendant purchaser of the appurtenant shares, and dismissed Action No. 2 challenging defendant landlord's termination of plaintiffs lease and sale of the appurtenant shares to the codefendant, unanimously affirmed, with one bill of costs.

Before: Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.


Having failed to seek Yellowstone injunctive relief during the cure period, plaintiffs motion therefor was untimely and properly denied ( Bowman Co. v Professional Data Mgt., 218 AD2d 637, 637-638). plaintiffs claims of harassment are too conclusory to warrant injunctive relief and can be adequately vindicated by an award of money damages in Civil Court. plaintiffs breach of warranty claims can be interposed as a defense in the codefendant's holdover proceeding in Civil Court, where complete relief can be afforded plaintiff should his claims have merit ( see, Cox v J.D. Realty Assocs., 217 AD2d 179).


Summaries of

Weaver v. Essex Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1997
235 A.D.2d 369 (N.Y. App. Div. 1997)
Case details for

Weaver v. Essex Owners Corp.

Case Details

Full title:STAN WEAVER, Appellant, v. ESSEX OWNERS CORPORATION et al., Respondents…

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

Date published: Jan 30, 1997

Citations

235 A.D.2d 369 (N.Y. App. Div. 1997)
652 N.Y.S.2d 974

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