Practice point: The Appellate Division modified the motion court's denial of plaintiff's motion for a preliminary injunction, and vacated so much of the order as deemed defendant the owner of the premises and directed entry of a money judgment for use and occupancy. The Appellate Division determined that, in deciding the motion, the court erred in resolving a factual issue.
Student note: Before a court may treat a motion addressed to the pleadings as a summary judgment motion, it must give notice to the parties.
Case: Solomon-Cox v. Expert Bldrs. 26, Inc., NY Slip Op 01044 (1st Dept. 2016)
Here is the decision.
Monday's issue: A petition to annul an agency's termination of employment.