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Da COSTA'S AUTO., INC. v. BIRCHWOOD PLAZA SHELL, INC.

106 A.D.2d 484 (1984)

Da Costa's Automotive, Inc., Respondent, v. Birchwood Plaza Shell, Inc., et al., Defendants, and Shell Oil Company, Appellant

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

December 17, 1984

Order, as amended, affirmed, with costs.

Special Term acted properly in granting the plaintiff's motion for a preliminary injunction and denying Shell's cross motion "to dismiss or for summary judgment". The facts in this case, at the very least, present a question of fact as to whether the plaintiff is in possession of the premises pursuant to a valid sublease agreement. Although the purported sublease agreement does contain...

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