All the Way East Fourth St. Block Ass'n v. Ryan-NENA Community Health Center

Order and judgment (one paper), Supreme Court, New York County (Walter B. Tolub, J.), entered October 7, 2005, which denied plaintiffs’ motion for a declaration that they held absolute title in fee simple to property known as the East Third Street side of the Orchard Alley Community Garden, denied plaintiffs’ motion for preliminary and permanent injunctive relief, granted defendants’ cross motion to dismiss the complaint and for an order of ejectment, and awarded defendants full and exclusive use and possession of the subject property, unanimously affirmed, without costs.

Dismissal of the…