1. Home
  2. Browse Decisions
  3. NY
  4. 2009 NY
  5. 2009 NY Slip Op 06440
 

IN THE MATTER OF WHEATON/TMW FOURTH AVE., LP v. NEW YORK CITY DEPT. OF BLDGS.

2008-06491.

2009 NY Slip Op 06440

IN THE MATTER OF WHEATON/TMW FOURTH AVENUE, LP, respondent, v. NEW YORK CITY DEPARTMENT OF BUILDINGS, appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow, Teresita V. Magsino, and John Hogrogian of counsel), for appellant.

Herrick, Feinstein, LLP, New York, N.Y. (John Oleske and William Fried of counsel), for respondent.

Before: William F. Mastro, J.P., Mark C. Dillon, Fred T. Santucci, Ruth C. Balkin, JJ.

DECISION & ORDER

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the order is reversed, on the facts and an exercise of discretion, and the motion, in effect, for a preliminary injunction is denied; and it is further,

ORDERED that one bill of costs is awarded to the appellant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases