Trump Village Section 3, Inc. v. Hahn

Appellate Division of the Supreme Court of New York

Trump Village Section 3, Inc. v. Hahn

55 A.D.2d 602, 389 N.Y.S.2d 628, 1976 N.Y. App. Div. LEXIS 15311

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

DecidedDecember 6, 1976

StatusPublished

This text of 55 A.D.2d 602 (Trump Village Section 3, Inc. v. Hahn) 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

Trump Village Section 3, Inc. v. Hahn, 55 A.D.2d 602, 389 N.Y.S.2d 628, 1976 N.Y. App. Div. LEXIS 15311 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action for a declaratory judgment and to enjoin defendant from harboring any animal in his apartment, (1) plaintiff appeals from so much of an order and judgment (one paper) of the Supreme Court, Kings County, dated May 20, 1976, as, upon the granting of its cross motion for summary judgment, stayed enforcement of the permanent injunction granted therein until March 11, 1977 and provided that, upon good cause shown, said stay may be further continued, and (2) defendant cross-appeals from so much of the said order and judgment as granted plaintiff summary judgment and a permanent injunction. Order and judgment modified, on the law, by deleting therefrom the sixth decretal paragraph, which granted the stay. As so modified, order and judgment affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff. Defendant’s time to comply with the injunctive provisions of the order and judgment is extended until 60 days after entry of the order to be made hereon. Plaintiff, a co-operative housing corporation, was properly granted a permanent injunction barring defendant from harboring any animal in his apartment. In our opinion a stay of said injunction until March 11, 1977, and perhaps beyond, is an unreasonable delay of the relief to which plaintiff is entitled. Latham, Acting P. J., Damiani, Hawkins and O’Connor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action for a declaratory judgment and to enjoin defendant from harboring any animal in his apartment, (1) plaintiff appeals from so much of an order and judgment (one paper) of the Supreme Court, Kings County, dated May 20, 1976, as, upon the granting of its cross motion for summary judgment, stayed enforcement of the permanent injunction granted therein until March 11, 1977 and provided that, upon good cause shown, said stay may be further continued, and (2) defendant cross-appeals from so much of the said order and judgment as granted plaintiff summary judgment and a permanent injunction. Order and judgment modified, on the law, by deleting therefrom the sixth decretal paragraph, which granted the stay. As so modified, order and judgment affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff. Defendant’s time to comply with the injunctive provisions of the order and judgment is extended until 60 days after entry of the order to be made hereon. Plaintiff, a co-operative housing corporation, was properly granted a permanent injunction barring defendant from harboring any animal in his apartment. In our opinion a stay of said injunction until March 11, 1977, and perhaps beyond, is an unreasonable delay of the relief to which plaintiff is entitled. Latham, Acting P. J., Damiani, Hawkins and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

55 A.D.2d 602, 389 N.Y.S.2d 628, 1976 N.Y. App. Div. LEXIS 15311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trump-village-section-3-inc-v-hahn-nyappdiv-1976.