Wishod v. Kibel

In an action to recover damages for an alleged forcible and unlawful eviction by a landlord from residential premises, the plaintiff, the executor of the estate of Robert Rolnik, appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated *736March 28, 1984, which granted the defendant landlord’s motion to dismiss the complaint on the grounds of the failure to state a cause of action and a defense based upon documentary evidence (CPLR 3211 [a] [1], [7]), and denied his cross motion to, inter alia, convert the motion to dismiss into one for summary judgment (CPLR 3211 [c]).

Order…