HERKERT v. STATE OF NEW YORK

Index No. 85174/2023.

81 Misc.3d 526 (2023)

197 N.Y.S.3d 879

2023 NY Slip Op 23295

SCOTT HERKERT et al., Plaintiffs/Petitioners, v. STATE OF NEW YORK et al., Defendants/Respondents.

Supreme Court, Richmond County.

Decided September 26, 2023.


Attorney(s) appearing for the Case

Fonte and Gelormino, Staten Island ( Louis M. Gelormino , and Mark Fonte , of counsel), for plaintiffs/petitioners.

Sylvia O. Hinds-Radix, Corporation Counsel, New York City (( Alice Robie Baker , and Chad Steven Hughes , of counsel), for City of New York and others, defendants/respondents.


OPINION OF THE COURT

I. Introduction and Background

This decision and order is issued regarding the primary question before this court, namely whether a preliminary injunction should be issued enjoining the respondent City of New York (hereinafter respondents or the City) from using buildings at 57 Cleveland...

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