Michael A. Welt Associates, Inc. v. Board of Education

In an action to compel defendant to permit plaintiff to enter upon its real property for the purpose of removing a certain structure (the first cause of action) and for money damages, plaintiff appeals from (1) an order of the Supreme Court, Nassau County, dated April 28, 1976, which denied its motion to dismiss the affirmative defense asserted in defendant’s answer and (2) a further order of the same court, dated October 19, 1976, which denied its motion for summary judgment as to the first cause of action in its complaint and as to defendant’s counterclaim. Orders affirmed, with one bill of…