Elgar v. S. H. Kress & Co.

In this action for injunctive relief and money damages, the plaintiff appeals from an order of the Appellate Division, First Department, which reversed on the law an order of the Special Term, Supreme Court, Bronx County, denying defendant’s motion for summary judgment made under the Rules of Civil Practice (rule 113) and granted defendant summary judgment dismissing the plaintiff’s complaint.

According to the complaint, the plaintiff is the owner and occupant of a single-family dwelling situated on the easterly side of Elm Place between the southerly side of East Fordham Road and the…