MATTER OF TORY BURCH LLC v. MOSKOWITZ

2729, 154246/16.

146 A.D.3d 528 (2017)

2017 NY Slip Op 00243

43 N.Y.S.3d 901

In the Matter of TORY BURCH LLC, Respondent, v. HERBERT MOSKOWITZ, Doing Business as MANHATTAN REALTY COMPANY, Appellant.

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

Decided January 12, 2017.


The petitioner failed to make a showing as to the reasonableness and necessity of the trespass referenced in the order where, at the time of its petition, none of the items sought had been memorialized in specific plans filed and approved by the Department of Buildings, and the project was under a stop work order (see Mindel v Phoenix Owners Corp., 210 A.D.2d 167 [1st Dept 1994], lv denied 85 N.Y.2d 811 [1995]; see also...

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