BARBEE v. 2639 CORP.


205 Misc. 189 (1954)

Hiram C. Barbee et al., Plaintiffs, v. 2639 Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

January 27, 1954.


Attorney(s) appearing for the Case

Stephen K. Rapp for plaintiffs.

Robert S. Fougner for defendants.


DINEEN, J.

Defendants move to dismiss the amended complaint pursuant to subdivisions 1 and 4 of rule 106 and subdivision 1 of rule 107 of the Rules of Civil Practice, and to vacate the lis pendens. The action was instituted for a declaratory judgment and an injunction. The controversy has its inception in what can be described as a change-over from a residential type of occupancy to one of business occupancy...

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