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IN THE MATTER OF WHEATON/TMW FOURTH AVE., LP v. NEW YORK CITY DEPT. OF BLDGS.

65 A.D.3d 1051 (2009)

886 N.Y.S.2d 41

In the Matter of WHEATON/TMW FOURTH AVENUE, LP, Respondent, v. NEW YORK CITY DEPARTMENT OF BUILDINGS, Appellant.

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

Decided September 8, 2009.

Ordered that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the facts and an exercise of discretion, and the motion, in effect, for a preliminary injunction is denied; and it is further,

Ordered that one bill of costs is awarded to the appellant.

The Supreme Court improvidently...

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