Midwood Cooperative, Inc. v. Danoff

Appeal by defendants other than Bonnie Danoff from an order of the Supreme Court, Kings County, dated January 28, 1974, which denied their motion to compel the County Clerk of the County of Kings to accept a demand for a jury trial and for other related relief. Order reversed, with $20 costs and disbursements to appellants against plaintiff, and motion granted. The primary purpose of this action is to recover possession of a “ dwelling unit ” from defendants. The dissent has placed too great an emphasis on the declaratory relief sought. The prayer for such relief is ancillary to the prayer…