Friday, February 19, 2016

Resoving a fact issue on a motion for a preliminary injunction.

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.