Crane v. Bitterman

Appellate Division of the Supreme Court of New York

Crane v. Bitterman

45 A.D.2d 707, 356 N.Y.S.2d 547, 1974 N.Y. App. Div. LEXIS 4821

Appellate Division of the Supreme Court of the State of New York·Decided June 3, 1974·Published

Opinion

In an action for a declaratory judgment and injunctive relief, plaintiff appeals from an order of the Supreme Court, Nassau County, dated February 5, 1974, which denied his motion for summary judgment and granted the cross motion of defendants Bitterman for summary judgment. Order modified by striking the second and third decretal paragraphs thereof, which granted the cross motion, and substituting therefor a provision denying the cross motion. As so modified, order affirmed, without costs. There are procedural and substantive [708] questions involved in this action which in our opinion should be determined after a plenary trial. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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In an action for a declaratory judgment and injunctive relief, plaintiff appeals from an order of the Supreme Court, Nassau County, dated February 5, 1974, which denied his motion for summary judgment and granted the cross motion of defendants Bitterman for summary judgment. Order modified by striking the second and third decretal paragraphs thereof, which granted the cross motion, and substituting therefor a provision denying the cross motion. As so modified, order affirmed, without costs. There are procedural and substantive [708] questions involved in this action which in our opinion should be determined after a plenary trial. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

Crane v. Bitterman, 45 A.D.2d 707, 356 N.Y.S.2d 547, 1974 N.Y. App. Div. LEXIS 4821 (N.Y. Ct. App. 1974).

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