Lemish v. East-West Renovating Co.

Order, Supreme Court, New York County (Leonard N. Cohen, J.), entered on or about December 15, 1988, which denied plaintiff’s motion for summary judgment and granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously *314modified, on the law, to deny defendants’ cross motion, and otherwise affirmed, without costs.

In dismissing plaintiffs complaint which seeks the return of possession and damages resulting from his wrongful eviction and repayment of alleged rent overcharges, the IAS court found that plaintiff had been evicted pursuant to lawfully issued process and…