Legal Opinion
Borress & Borress LLC v. CSJ LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2006Published
1Opinion of the Court
*288Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered June 29, 2005, which denied plaintiffs’ motion for a preliminary injunction against defendants’ conversion of commercial property to residential use, unanimously affirmed, with costs.
The subject building’s form deed, required by the offering plan, is an incontrovertible official document filed with the Office of the City Register, but is nonetheless dehors the record (see Matter of O’Neill v Board of Zoning Appeals of Town of Harrison, 225 AD2d 782 [1996]) because it was not mentioned during motion practice (see e.g. Soho…
2Cases cited5 opinions
- BWA Corp. v. Alltrans Express U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- 1659 Ralph Avenue Laundromat Corp. v. Ben David EnterprisesAppellate Division of the Supreme Court of the State of New York · 2003
- Demchick v. 90 East End Avenue CondominiumAppellate Division of the Supreme Court of the State of New York · 2005
- O'Neill v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1996
- Soho Plaza Corp. v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2003