Kingsbay Housing Co. v. Hoffman

In an action, inter alia, to enjoin defendants from violating their occupancy agreement with plaintiff, defendants appeal from so much of an order and judgment (one paper) of the Supreme Court, Kings County, dated October 24, 1977, as, upon denying their motion pursuant to CPLR 3211 to dismiss the complaint, granted summary judgment to plaintiff. Order and judgment modified, on the law, by deleting the first decretal paragraph thereof. As so modified, order and judgment affirmed insofar as appealed from, without costs or disbursements. Defendants’ time to answer is extended until 20 days…