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CHIAROLANZA v. PHELPS

251 A.D.2d 1038 (1998)

672 N.Y.S.2d 1024

Guy Chiarolanza, Doing Business as Walsh Hotel, Appellant, v. Martin C. Phelps, Doing Business as Medina Freight Station Museum, et al., Respondents

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

June 10, 1998

Order unanimously reversed on the law with costs, motion denied, complaint reinstated and defendants directed to answer the complaint within 20 days of service of a copy of the order of this Court with notice of entry.

Memorandum:

Because the complaint stated a cause of action, Supreme Court erred in dismissing it on plaintiff's motion for a preliminary injunction (see, Six Nations Apt. Hous. Fund Dev. Co. v Six Nations Props.,

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