Grace v. Real Property Owners, Inc.

Matthew M. Levy,

J. This is a motion by the defendant for summary judgment dismissing the complaint in a suit to recover treble damages under section 535 of the Beal Property Law for alleged wrongful eviction of the plaintiff from certain premises. The papers are massive, the documents voluminous, the exhibits duplicated, the cited precedents sparse and really obiter dicta, if not chronologically inapplicable. But the issues are simple, the crucial facts few and undisputed.

That, on the basis of the final decree of the court awarding *18specific performance to the defendant, it was entitled to…