Goethals Mobile Park, Inc. v. Staten Island Meadowbrook Park Civic Ass'n, 208 A.D.2d 896 (1994)

Citation: Goethals Mobile Park, Inc. v. Staten Island Meadowbrook Park Civic Ass'n, 208 A.D.2d 896 (1994)
Parent Document: Goethals Mobile Park, Inc. v. Staten Island Meadowbrook Park Civic Ass'n, 208 A.D.2d 896 (1994)
Jurisdiction: New York (state)
Effective Date: 1994-10-31
Original Source: https://www.courtlistener.com/opinion/6116345/goethals-mobile-park-inc-v-stat... ↗

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In addition, Meadowbrook contends that the court improperly granted summary judgment in favor of GMP without a hearing or trial, and prior to the time discovery had been conducted, on the issue of retaliatory eviction. Although the Supreme Court did consider and address the issue of retaliatory eviction in its May 28, 1992 decision, this was because the defendants Margaret Filand, et al. (hereinafter Filand), raised the defense in their pleadings. Meadowbrook did not raise the issue of retaliatory eviction in its pleadings or in response to GMP’s motion for summary judgment. Therefore, Meadow-brook has not preserved this issue for appellate review.

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