BIRCHWOOD TOWERS NO. 1 ASSOCS. v. LOWERY


37 A.D.2d 850 (1971)

Birchwood Towers No. 1 Associates et al., Appellants, v. Robert O. Lowery, as Commissioner of The Fire Department of the City of New York, Respondent In the Matter of Robert O. Lowery, as Fire Commissioner of The City of New York, Respondent, v. Birchwood Towers No. 1. Associates et al., Appellants

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

October 13, 1971


Order entered September 8, 1971 reversed, without costs, and motion for a preliminary injunction granted. Order entered September 20, 1971 reversed, on the law and the facts and in the exercise of discretion, without costs, and ex parte order entered September 14, 1971 vacated.

The declaratory judgment action is directed to be tried at the November Term, subject to the directions of the Justice presiding at the Calendar Part of the Supreme Court, Queens County; appellants...

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