This motion for an injunction and cross motion for dismissal are made in an action for a declaratory judgment, injunction and damages in reliance upon section 226-b of the Real Property Law. Procedurally, the action has been commenced in an irregular fashion, service of a summons and order to show cause with supporting affidavits, thus incorporating some of the attributes of a motion for summary judgment under CPLR 3213 and bearing...
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