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NY UNIV v. MOLNER

119 Misc.2d 989 (1983)

New York University, Petitioner, v. Denis M. Molner et al., Respondents.

Civil Court of the City of New York, Trial Term, New York County.

July 7, 1983

Attorney(s) appearing for the Case

Rosenberg & Estis, P. C. (Joseph Burden of counsel), for petitioner. Jeffrey S. Ween for respondents.

HAROLD TOMPKINS, J.

Respondents move to dismiss or, in the alternative, to stay four holdover proceedings1 brought by petitioner New York University (N.Y.U.), pursuant to CPLR 404 and 3211 (subd [a], par 4) on the ground that there is a prior action pending. The issue presented is whether petitioner's interposition of a counterclaim for ejectment in a previously instituted Supreme Court declaratory judgment action bars the...

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