SOUTH AMHERST, LTD. v. H.B. SINGER, LLC


13 A.D.3d 515 (2004)

786 N.Y.S.2d 573

SOUTH AMHERST, LTD., Appellant-Respondent, v. H.B. SINGER, LLC, Formerly Known as H.B. SINGER, INC., Respondent-Appellant, et al., Defendant.

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

December 20, 2004.


Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof denying the motion to preliminarily enjoin the defendant from selling the subject premises during the pendency of the action and substituting therefor a provision granting the motion; as so modified, the order is affirmed, with costs.

The Supreme Court properly denied the cross motion of the defendant landlord, in effect, pursuant to CPLR 3211 (a) (7) to...

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