Umpiere v. New York University

Full title: RAUL UMPIERE et al., Appellants, v. NEW YORK UNIVERSITY et al., Respondents

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

Date published: Oct 18, 1979

72 A.D.2d 507 (N.Y. App. Div. 1979)

Opinion

October 18, 1979

Order of the Supreme Court, New York County, entered June 15, 1979, denying plaintiffs' motion to enjoin defendants from prosecuting an eviction proceeding pending in the Civil Court, New York County, unanimously affirmed, with costs and disbursements. Plaintiffs have not established a clear legal right to the relief sought (De Candido v Young Stars, 10 A.D.2d 922). We have held that an action for specific performance may only be prosecuted in the Supreme Court (see Barak v 28 E. 6262 Realty Corp., 70 A.D.2d 543). If plaintiffs here believe that they cannot obtain full relief in the Civil Court, they may, if they choose, move to consolidate the two actions.

Concur — Murphy, P.J., Birns, Fein, Bloom and Silverman, JJ.