PODOLSKY v. HOFFMAN


82 A.D.2d 763 (1981)

Richard Podolsky et al., Appellants, v. Greg Hoffman et al., Respondents

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

June 18, 1981


Special Term denied plaintiffs' motion, holding that they had failed to demonstrate the possibility of irreparable harm or the probability of success and that they had an adequate legal remedy by way of equitable defenses to any summary eviction proceeding in Civil Court. Under section 711 of the Real Property Actions and Proceedings Law, however, a landlord may institute a summary proceeding only after the tenancy has expired, or, in this case, after the 10-day period to...

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