Legal Opinion
Clark v. New York State Office of Parks, Recreation & Historic Preservation
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2001PublishedCited by 10 opinions
1Opinion of the Court
—Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff appeals from an order and judgment denying his motion for an injunction and dismissing his complaint with prejudice. We modify the order and judgment by providing that the dismissal is without *935prejudice. When a party seeks an injunction, he “opens the record and gives the court authority to pass upon the sufficiency of the underlying pleading” (Guggenheimer v Ginzburg, 43 NY2d 268, 272). However, “the court may not, on its own initiative, convert a…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Ratner v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1999
- Webster v. Monroe County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
- Smith v. HoytAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by10 opinions
- Morris v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2002
- DOTZLER, DANIELLE v. BUONO, THOMAS S.Appellate Division of the Supreme Court of the State of New York · 2016
- Spine Surgery of Buffalo Niagara v. Geico Cas. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Rauls v. DirecTV, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Clark v. New York State Office of Parks, Recreation & Historic PreservationAppellate Division of the Supreme Court of the State of New York · 2004
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