MIDWOOD COOP., INC. v. DANOFF


45 A.D.2d 842 (1974)

Midwood Cooperative, Inc., Respondent, v. Stuart S. Danoff et al., Appellants, et al., Defendant

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

July 1, 1974


Order reversed, with $20 costs and disbursements to appellants against plaintiff, and motion granted.

The primary purpose of this action is to recover possession of a "dwelling unit" from defendants. The dissent has placed too great an emphasis on the declaratory relief sought. The prayer for such relief is ancillary to the prayer for ejectment. Plaintiff specifically demanded in its complaint "that the Court grant to the plaintiff the right to enter and repossess...

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