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Johnson v. Crown Heights Community Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1972
39 A.D.2d 889 (N.Y. App. Div. 1972)

Opinion

June 27, 1972


Judgment, Supreme Court, New York County, entered on January 27, 1972, unanimously reversed, on the law, without costs and without disbursements, the motion to dismiss the petition for insufficiency denied, and the matter is remanded to Special Term for further proceedings, with leave to respondents to serve and file an answer (see CPLR 7804, subd. [e]). The petition raises a question as to whether petitioner's procedural and substantive rights were violated, which cannot be determined as a matter of law upon the bare allegations of the petition. Only after respondents have answered can there be any meaningful disposition of this proceeding. The prior order of this court entered on June 20, 1972, and the memorandum decision filed therewith, are vacated.

Concur — Stevens, P.J., McGivern, Markewich, Kupferman and Steuer, JJ. [ 39 A.D.2d 872].


Summaries of

Johnson v. Crown Heights Community Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1972
39 A.D.2d 889 (N.Y. App. Div. 1972)
Case details for

Johnson v. Crown Heights Community Corp.

Case Details

Full title:SHELLMAN JOHNSON, Appellant, v. CROWN HEIGHTS COMMUNITY CORPORATION et…

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

Date published: Jun 27, 1972

Citations

39 A.D.2d 889 (N.Y. App. Div. 1972)