Express Industries Group, Inc. v. City of New York

*198Order and judgment (one paper), Supreme Court, New York County (Paviola Soto, J.), entered February 25, 2003, which, in an action for, inter alia, wrongful eviction and treble damages for forcible dispossession under RPAPL 853, arising out of plaintiffs leasing of a pier from defendant City, granted the City’s motion for summary judgment dismissing the supplemental complaint, unanimously affirmed, without costs.

We reject plaintiffs claim that the pier was safe and that the vacate order issued by the City was a pretext to avoid the previously issued Yellowstone injunction designed to assure…