M. N. S. Brandell, Inc. v. Roosevelt Nassau Operating Corp.

Appellate Division of the Supreme Court of New York

M. N. S. Brandell, Inc. v. Roosevelt Nassau Operating Corp.

37 A.D.2d 851, 326 N.Y.S.2d 97, 1971 N.Y. App. Div. LEXIS 3281

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

DecidedOctober 18, 1971

StatusPublished

This text of 37 A.D.2d 851 (M. N. S. Brandell, Inc. v. Roosevelt Nassau Operating Corp.) 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

M. N. S. Brandell, Inc. v. Roosevelt Nassau Operating Corp., 37 A.D.2d 851, 326 N.Y.S.2d 97, 1971 N.Y. App. Div. LEXIS 3281 (N.Y. Ct. App. 1971).

Pincite

Opinion

In an action for a declaratory judgment, an injunc[852]*852tion and damages, with respect to defendants’ construction of certain structures at the Roosevelt Field Shopping Center, plaintiff appeals from an order of the Supreme Court, Nassau County, dated t, July 14, 1971, which denied its motion for a preliminary injunction and an immediate trial. Order modified by striking from the first decretal paragraph thereof the words “and other relief ” and hy adding thereto a provision granting an immediate trial and setting this action down for a trial at the December 1971 Term of the Supreme Court, Nassau County, upon plaintiff’s service and filing of an appropriate note of issue and payment of the appropriate fees therefor. As so modified, order affirmed, without costs. Special Term erred in holding that plaintiff was guilty of laches as a matter of law in relation to the five structures being built in connection with Alexander’s Department Store in the Roosevelt Field Shopping Center. In the interests of justice an immediate trial should be held on all questions of fact. Rabin, P. J., Hopkins, Munder, Gulotta and Brennan, JJ., concur.

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In an action for a declaratory judgment, an injunc[852]*852tion and damages, with respect to defendants’ construction of certain structures at the Roosevelt Field Shopping Center, plaintiff appeals from an order of the Supreme Court, Nassau County, dated t, July 14, 1971, which denied its motion for a preliminary injunction and an immediate trial. Order modified by striking from the first decretal paragraph thereof the words “and other relief ” and hy adding thereto a provision granting an immediate trial and setting this action down for a trial at the December 1971 Term of the Supreme Court, Nassau County, upon plaintiff’s service and filing of an appropriate note of issue and payment of the appropriate fees therefor. As so modified, order affirmed, without costs. Special Term erred in holding that plaintiff was guilty of laches as a matter of law in relation to the five structures being built in connection with Alexander’s Department Store in the Roosevelt Field Shopping Center. In the interests of justice an immediate trial should be held on all questions of fact. Rabin, P. J., Hopkins, Munder, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 851, 326 N.Y.S.2d 97, 1971 N.Y. App. Div. LEXIS 3281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-n-s-brandell-inc-v-roosevelt-nassau-operating-corp-nyappdiv-1971.