From Casetext: Smarter Legal Research

300 West Realty Co. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 20, 1975
48 A.D.2d 629 (N.Y. App. Div. 1975)

Opinion

May 20, 1975


Judgment, Supreme Court, New York County, entered August 29, 1974, as amended by order of said court entered on August 29, 1974 (reargument), denying relief in an article 78 proceeding and dismissing the proceeding, unanimously modified, on the law, to treat the petition as a complaint in a plenary action, and the matter remanded for answer and for further proceedings, without costs and without disbursements. Some aspects of this case have been before the court previously in 300 West Realty Co. v City of New York ( 43 A.D.2d 680). The petition was deficient in form but not in substance, and therefore should not have been dismissed. (First Nat. City Bank v City of N.Y., 36 N.Y.2d 87, 94; Matter of Phalen v Theatrical Protective Union No. 1, 22 N.Y.2d 34, 41, cert den 393 U.S. 1000.)

Concur — Stevens, P.J., Kupferman, Lupiano, Tilzer and Capozzoli, JJ.


Summaries of

300 West Realty Co. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 20, 1975
48 A.D.2d 629 (N.Y. App. Div. 1975)
Case details for

300 West Realty Co. v. City of New York

Case Details

Full title:300 WEST REALTY CO., Appellant, v. CITY OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 20, 1975

Citations

48 A.D.2d 629 (N.Y. App. Div. 1975)