1414 HOLDINGS, LLC v. BMS-PSO, LLC

1414. 652290/12-654931/16. 7793. 7792. 7791.

167 A.D.3d 425 (2018)

90 N.Y.S.3d 18

2018 NY Slip Op 08261

1414 Holdings, LLC, Appellant, v. BMS-PSO, LLC, Respondent. In the Matter of 1414 Holdings LLC, Appellant, v. BMS-PSO, LLC, Respondent.

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

Decided December 4, 2018.


Regarding the August 2017 order, plaintiff contends that the fourth cause of action in its supplemental complaint, which sought only declaratory and injunctive relief to build an ADA compliant elevator, should not have been dismissed as moot because if a plaintiff "succeeds in proving that he is entitled to equitable relief, equity may grant damages in addition to or as an incident of some other ... equitable relief" (Doyle...

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