Steinberg v. Pergament Scarsdale, Inc.

Appellate Division of the Supreme Court of New York

Steinberg v. Pergament Scarsdale, Inc.

57 A.D.2d 589, 393 N.Y.S.2d 743, 1977 N.Y. App. Div. LEXIS 11581

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

DecidedApril 18, 1977

StatusPublished

This text of 57 A.D.2d 589 (Steinberg v. Pergament Scarsdale, Inc.) 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

Steinberg v. Pergament Scarsdale, Inc., 57 A.D.2d 589, 393 N.Y.S.2d 743, 1977 N.Y. App. Div. LEXIS 11581 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action by a landlord, inter alia, to permanently enjoin one of its tenants from renting other premises, defendants Pergament Scarsdale, Inc. (the tenant) and Pergament Distributors, Inc., appeal from an order of the Supreme Court, Westchester County, entered December 23, 1976, which denied their motion to dismiss the complaint for failure to state a cause of action. Order affirmed, with $50 costs and disbursements. We agree with Special Term that, giving plaintiffs-respondents the benefit of every possible favorable inference, on a motion addressed to the pleadings, a cause of action exists requiring a trial. The motion to dismiss was properly denied (cf. Rovello v Orofino Realty Co., 40 NY2d 633). Cohalan, Acting P. J., Hawkins, Mollen and O’Connor, JJ., concur.

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In an action by a landlord, inter alia, to permanently enjoin one of its tenants from renting other premises, defendants Pergament Scarsdale, Inc. (the tenant) and Pergament Distributors, Inc., appeal from an order of the Supreme Court, Westchester County, entered December 23, 1976, which denied their motion to dismiss the complaint for failure to state a cause of action. Order affirmed, with $50 costs and disbursements. We agree with Special Term that, giving plaintiffs-respondents the benefit of every possible favorable inference, on a motion addressed to the pleadings, a cause of action exists requiring a trial. The motion to dismiss was properly denied (cf. Rovello v Orofino Realty Co., 40 NY2d 633). Cohalan, Acting P. J., Hawkins, Mollen and O’Connor, JJ., concur.

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Bluebook (online)

57 A.D.2d 589, 393 N.Y.S.2d 743, 1977 N.Y. App. Div. LEXIS 11581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinberg-v-pergament-scarsdale-inc-nyappdiv-1977.

Opinion

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