Tomkins v. Board of Education

In an action to recover for the reasonable value of the use and occupancy of real property, plaintiff appeals from an order of the Supreme Court, Kings County, entered August 3, 1976, which (1) denied his motion for summary judgment, (2) granted summary judgment in favor of the defendant pursuant to CPLR 3212 (subd [b]) and (3) dismissed the complaint. Order reversed, on the law, with $50 costs and disbursements, plaintiff’s motion for summary judgment granted, and action remanded to Special Term to determine the reasonable value of the use and occupancy of the subject property from July 1,…