Waxman v. Patabbe, Inc.
| Decision Date | 07 February 2014 |
| Docket Number | No. 2012–1156K C.,2012–1156K C. |
| Parties | Dorothy WAXMAN, Respondent, v. PATABBE, INC. Doing Business as Grimaldi's Pizzeria, Appellant, and “XYZ” Corp., Undertenant. |
| Court | New York Supreme Court — Appellate Term |
OPINION TEXT STARTS HERE
Since the Civil Court lacked jurisdiction to grant the requested injunction, the order, insofar as appealed from, is reversed and the branch of landlord's cross motion seeking, in effect, to permanently enjoin tenant from removing a coal oven from the subject premises is denied.
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6 cases
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Tobin v. Gluck
...we are constrained to vacate the merits determination. Our disposition is without prejudice....”); see also Waxman v. Patabbe, Inc., No. 2012–1156, 42 Misc.3d 142(A), 2014 WL 683922, slip op. at 2 (App.Term. Feb. 7, 2014) (“Since the Civil Court lacked jurisdiction to grant the requested in......
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Tobin v. Gluck
...to vacate the merits determination. Our disposition is without prejudice....”); see also Waxman v. Patabbe, Inc., No. 2012–1156, 42 Misc.3d 142(A), 2014 WL 683922, slip op. at 2 (App.Term. Feb. 7, 2014) (“Since the Civil Court lacked jurisdiction to grant the requested injunction, the order......
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Ross v. 120 N. James St. Corp.
...title or possession to real property seeks to enjoin another from committing waste or damage to the premises. See, Waxman v. Patabbe, 42 Misc.3d 142(A), App. Term 2d, 11th & 13th Jud. Dists. (2014). See, Real Property Actions and Proceedings Law §211 ("If, during the pendency of an action t......
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133 Plus 24 Sanford Ave. Realty Corp. v. Xiu Lan Ni
...settled that injunctive relief is generally not available in a summary proceeding brought in the Civil Court” (Waxman v. Patabbe, Inc., 42 Misc.3d 142[A], 2014 N.Y. Slip Op. 50221[U], *1, 2014 WL 683922 [App Term, 2d, 11th & 13th Jud. Dists. 2014] ; see North Waterside Redevelopment Co. v. ......
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