Weiss v. McGovern

Appellate Division of the Supreme Court of New York

Weiss v. McGovern

50 A.D.2d 806, 375 N.Y.S.2d 854, 1975 N.Y. App. Div. LEXIS 12151

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

DecidedDecember 1, 1975

StatusPublished

This text of 50 A.D.2d 806 (Weiss v. McGovern) 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

Weiss v. McGovern, 50 A.D.2d 806, 375 N.Y.S.2d 854, 1975 N.Y. App. Div. LEXIS 12151 (N.Y. Ct. App. 1975).

Pincite

Opinion

— In a proceeding pursuant to CPLR article 78 inter alia to compel the appellant building commissioner to issue a certificate of compliance, in which appellant counterclaimed seeking the revocation of a certificate of occupancy, appellant appeals from a judgment of the Supreme Court, Nassau County, entered November 26, 1974, which (1) directed him to issue a certificate of compliance to petitioners and (2) granted petitioners’ motion to dismiss the counterclaim. Judgment reversed, on the law, without costs, and motion to dismiss the counterclaim denied. Petitioners’ time within which to serve a reply is extended until 10 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof. An issue of fact is raised in the record with respect to abandonment of the nonconforming three-family use by petitioners’ grantor. Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Munder, JJ., concur.

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

— In a proceeding pursuant to CPLR article 78 inter alia to compel the appellant building commissioner to issue a certificate of compliance, in which appellant counterclaimed seeking the revocation of a certificate of occupancy, appellant appeals from a judgment of the Supreme Court, Nassau County, entered November 26, 1974, which (1) directed him to issue a certificate of compliance to petitioners and (2) granted petitioners’ motion to dismiss the counterclaim. Judgment reversed, on the law, without costs, and motion to dismiss the counterclaim denied. Petitioners’ time within which to serve a reply is extended until 10 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof. An issue of fact is raised in the record with respect to abandonment of the nonconforming three-family use by petitioners’ grantor. Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

50 A.D.2d 806, 375 N.Y.S.2d 854, 1975 N.Y. App. Div. LEXIS 12151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-mcgovern-nyappdiv-1975.