The orders appealed from (two similar proceedings were consolidated for disposition, hence, two entry dates) denied appellants' cross motions to dismiss the supplemental petitions for failure to state a cause of action. Special Term did not treat the application as one for summary judgment pursuant to CPLR 3211 (subd [c]). We have, therefore, considered only the allegations of the petition and not the merits. In our view the supplemental petitions are sufficient. (See
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ASSOCIATED BUILDERS & OWNERS OF GREATER NEW YORK, INC. v. RENT GUIDELINES BD. OF THE CITY OF NEW YORK
51 A.D.2d 906 (1976)
Associated Builders and Owners of Greater New York, Inc., et al., Respondents, Westminster Hall, Intervenor-Respondent, v. Rent Guidelines Board of the City of New York et al., Appellants Blag Holding Co., on Behalf of Itself and All others Similarly Situated, Respondents, Jamal Estates, Intervenor-Respondent, v. Roger Starr, Individually and as Administrator of The Housing and Development Administration of New York City, et al., Appellants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 4, 1976
March 4, 1976
Appellate Division of the Supreme Court of the State of New York, First Department.
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