JAMES v. GOTTLIEB


85 A.D.2d 572 (1981)

John D. James, Respondent, v. Lou Gottlieb et al., Appellants

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

December 22, 1981


The action being for money damages for wrongful eviction, a preliminary injunction may not be granted under CPLR 6301. A claim for money damages is neither an action for an injunction nor one in which there is involved a "subject of the action" as referred to in CPLR 6301. (Eastern Rock Prods. v Natanson, 239 App Div 529; 7A Weinstein-Korn-Miller, NY Civ Prac, par 6301.10, n 28.) In addition, plaintiff's right to the apartment was not sufficiently established on this...

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