Davis v. Southridge Cooperative Section IV, Inc.

*881This is an action brought to enjoin the defendant from evicting plaintiff from certain premises. The gravamen of the complaint is that defendant attempted to evict plaintiff without serving process on her or naming her as a tenant of the premises. Plaintiff sought a preliminary injunction and defendant made a cross motion to dismiss the complaint arguing that plaintiff’s sister was the occupant rather than the plaintiff herself.

Justice Leviss, sitting at Special Term, directed that a hearing be held concerning “[t]he preliminary issue as to whether plaintiff is a co-owner and joint tenant of…