Bentrovato v. Crinnion

In this action for a declaratory judgment the plaintiff has moved to enjoin the excavation preparatory to the erection of a multiple dwelling and its prospective construction on certain land in Biverdale, pending ultimate determination of the issues on the merits. The defendants have each cross-moved to dismiss the complaint, as amended — the defendant Crinnion under rule 112 of the Buies of Civil Practice, and the other defendants under that rule and also under rule 106. I shall first consider the motion to dismiss made by the defendant Bronx Borough Superintendent of Housing and Buildings…