PURVI ENTERPRISES, LLC v. CITY OF NEW YORK


62 A.D.3d 508 (2009)

879 N.Y.S.2d 410

PURVI ENTERPRISES, LLC, Appellant, v. CITY OF NEW YORK, Defendants, and 3206 EMMONS AVENUE REALTY, LLC, et al., Respondents.

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

May 14, 2009.


The complaint should not have been dismissed as against the City. The City did not move to dismiss and did not appear in connection with any of the cross motions, and thus the parties have not been heard with respect to the claims asserted against the City.

Plaintiff failed to demonstrate a likelihood of success on the merits of any of its claims for injunctive relief (see CPLR 6301; Aetna Ins. Co. v Capasso,<...

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