BLUTREICH v. AMALGAMATED DWELLINGS, INC.


46 A.D.3d 352 (2007)

847 N.Y.S.2d 557

IRA BLUTREICH et al., Respondents, v. AMALGAMATED DWELLINGS, INC., Appellant.

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

Decided December 18, 2007.


On January 5, 2006, defendant's board of directors voted to terminate the Blutreichs' proprietary lease, and thereafter served a notice of termination on them. It then commenced a holdover proceeding in Civil Court. In response, the Blutreichs commenced the underlying Supreme Court declaratory judgment action, and moved for removal and consolidation, obtaining a TRO staying the holdover proceeding and any other acts to remove them. Defendant cross-moved to vacate the stay...

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