Gramercy Co. v. Benenson

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered on or about March 27, 1995, which, upon consolidating the two actions, inter alia, granted plaintiffs’ motions for preliminary injunctions to the limited extent of enjoining defendants from cutting down or pruning any trees in Gramercy Park without first obtaining a written recommendation from a certified arborist that the trees pose a significant danger, and denied defendants’ cross-motions to dismiss the complaints, unanimously affirmed, without costs.

The IAS Court properly found that a question of fact exists as to…