Demartini v. Chatham Green, Inc.

• Decision Date: 31 January 1991
• Citation: 169 A.D.2d 689,565 N.Y.S.2d 712
• Parties: Toni DEMARTINI, Plaintiff-Respondent, v. CHATHAM GREEN, INC., et al., Defendants-Appellants, and Sara Patur, Defendant.
• Court: New York Supreme Court — Appellate Division

Page 712

565 N.Y.S.2d 712

169 A.D.2d 689

Toni DEMARTINI, Plaintiff-Respondent, v. CHATHAM GREEN, INC., et al., Defendants-Appellants, and Sara Patur, Defendant.

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

January 31, 1991

Order, Supreme Court, New York County (Carmen Beauchamp Ciparich, J.), entered July 2, 1990, which, inter alia, granted plaintiff's motion for a preliminary injunction, and denied defendants' cross-motion to dismiss the complaint, unanimously affirmed, without costs. We disagree with defendants contention that plaintiff failed to demonstrate a likelihood of success on the merits so as to warrant the granting of the preliminary injunction. While not conclusive, there was evidence supporting plaintiff's assertion that she was offered co-operative apartment 14c for purchase prior to another applicant, and that defendants improperly refused to accept plaintiff's application. In this declaratory judgment action, a justiciable controversy between the parties is evident and the defendants' cross-motion to dismiss for failure to state a cause of action was properly denied. See Winkler v. Spinnato, 134 A.D.2d 66, 523 N.Y.S.2d 530 app. withdrawn, 72 N.Y.2d 910, 532 N.Y.S.2d 759, 528 N.E.2d 1232. We have considered the remaining arguments and find them to be meritless..

MILONAS, J.P., and WALLACH, ASCH, KASSAL and SMITH, JJ., concur.