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Matter of Sadur v. Esposito

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 662 (N.Y. App. Div. 1990)

Opinion

January 8, 1990

Appeal from the Supreme Court, Richmond County.


Ordered that the cross motion of Bivona Cohen, P.C., is granted; and it is further,

Ordered that the cross motion of Amabile Erman, P.C., is dismissed as academic; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of prohibition does not properly lie under the instant circumstances in view of the apparent lack of merit of the petitioners' contentions and the availability of an adequate remedy at law (see, Matter of Lipari v. Owens, 70 N.Y.2d 731; Matter of Molea v. Marasco, 64 N.Y.2d 718). Brown, J.P., Lawrence, Kooper and Harwood, JJ., concur.


Summaries of

Matter of Sadur v. Esposito

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 662 (N.Y. App. Div. 1990)
Case details for

Matter of Sadur v. Esposito

Case Details

Full title:In the Matter of IRVING SADUR et al., Petitioners, v. MARIO J. ESPOSITO et…

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

Date published: Jan 8, 1990

Citations

157 A.D.2d 662 (N.Y. App. Div. 1990)
549 N.Y.S.2d 764