518 E. 80TH ST. CO. v. SMITH


251 A.D.2d 215 (1998)

674 N.Y.S.2d 680

518 East 80th Street Co., L. L. C., Appellant, v. David Smith, Respondent

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

June 25, 1998


Given that, in accordance with a preliminary injunction issued August 24, 1994, defendant permitted plaintiff to enter his apartment to perform the necessary repairs, plaintiff's motion for partial summary judgment on its first cause of action for a permanent injunction should have been denied and defendant granted summary judgment dismissing that cause of action. Having cured the hazardous condition that prompted this action, plaintiff, which seems to want a permanent injunction...

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