Legal Opinion
City of Yonkers v. Dyl & Dyl Development Corp.
New York Supreme Court
Decided October 6, 1971PublishedCited by 4 opinions
1Opinion of the CourtMorrie Slifkin, J.
In an action for a permanent injunction, the city applies for an injunction pendente lite restraining defendants from proceeding with the construction of a 46-unit apartment building at 47 Alta Avenue, Yonkers, New York. Defendants cross-move for an order dismissing the complaint on the grounds that (1) it fails to state a cause of action, and (2) the principle of res judicata applies.
A temporary restraining order was previously obtained by the city pursuant to an order of this court dated July 14, 1971. The restraining order is vacated, plaintiff’s motion is denied, and defendants’ cross…
2Cases cited14 opinions
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Altschul v. . LudwigNew York Court of Appeals · 1916
- New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
- Brous v. SmithNew York Court of Appeals · 1952
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. Fermenta ASC Corp.New York Supreme Court · 1995
- Durand v. Board of Cooperative Educational ServicesNew York Supreme Court · 1972
- Citizens of Accord, Inc. v. Twin Tracks Promotions, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Klein v. Spear, Leeds & KelloggDistrict Court, S.D. New York · 1974