CITY OF NEW YORK v. CINCOTTA


133 A.D.2d 244 (1987)

City of New York et al., Appellants, v. Josephine Cincotta et al., Respondents

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

August 31, 1987


Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, and the plaintiffs' motion for a preliminary injunction is granted unconditionally, with the appellants' limitation of liability pursuant to CPLR 2512 set at $10.

In light of the denial by the Board of Standards and Appeals of a variance to the defendants and the strong prima facie showing made by the plaintiffs that the defendants' use and operation of the subject premises...

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