Del Valle v. Broadway/ 72nd Associates

Appellate Division of the Supreme Court of New York

Del Valle v. Broadway/ 72nd Associates

222 A.D.2d 205, 635 N.Y.S.2d 469, 1995 N.Y. App. Div. LEXIS 12527

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 1995

StatusPublished

This text of 222 A.D.2d 205 (Del Valle v. Broadway/ 72nd Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del Valle v. Broadway/ 72nd Associates, 222 A.D.2d 205, 635 N.Y.S.2d 469, 1995 N.Y. App. Div. LEXIS 12527 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered January 11, 1995 which, inter alia, denied plaintiffs’ motion to remove the action to the Supreme Court, unanimously affirmed, with costs.

The IAS Court did not improvidently exercise its discretion in refusing to remove the case from Civil Court, since so much of the relief plaintiffs request from Supreme Court which Civil Court could not provide is relief to which plaintiffs clearly are not entitled. Defendants are under no legal obligation pursuant to Administrative Code of the City of New York § 27-1026 to perform a posi-construction property inspection. Concur— Murphy, P. J., Kupferman, Asch, Nardelli and Tom, JJ.

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—Order, Supreme Court, New York County (Elliott Wilk, J.), entered January 11, 1995 which, inter alia, denied plaintiffs’ motion to remove the action to the Supreme Court, unanimously affirmed, with costs.

The IAS Court did not improvidently exercise its discretion in refusing to remove the case from Civil Court, since so much of the relief plaintiffs request from Supreme Court which Civil Court could not provide is relief to which plaintiffs clearly are not entitled. Defendants are under no legal obligation pursuant to Administrative Code of the City of New York § 27-1026 to perform a posi-construction property inspection. Concur— Murphy, P. J., Kupferman, Asch, Nardelli and Tom, JJ.

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Bluebook (online)

222 A.D.2d 205, 635 N.Y.S.2d 469, 1995 N.Y. App. Div. LEXIS 12527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-valle-v-broadway-72nd-associates-nyappdiv-1995.