Miller v. North Shore Towers Associates
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Albert H. Buschmann, J.
This motion for an injunction and cross motion for dismissal are made in an action for a declaratory judgment, injunction and damages in reliance upon section 226-b of the Real Property Law. Procedurally, the action has been commenced in an irregular fashion, service of a summons and order to show cause with supporting affidavits, thus incorporating some of the attributes of a motion for summary judgment under CPLR 3213 and bearing some resemblance to a special proceeding. These defects in form, however, must be overlooked if jurisdiction has been…
2Cases cited8 opinions
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Conrad v. Third Sutton Realty Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Kruger v. Page Management Co.New York Supreme Court · 1980
- In re the Arbitration between Nationwide Mutual Insurance & MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Vance v. Century Apartments AssociatesAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by2 opinions
- Equity Properties Corp. v. BonhommeAppellate Terms of the Supreme Court of New York · 1984
- Santo v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2006