Opinion
May 3, 1967
Motion for a preliminary injunction granted, without costs, to the extent that respondents are restrained from cutting and removing any trees or timber, and from committing any further waste upon the real property which is the subject of this action, until the determination of this appeal, provided appellant shall give an undertaking in the amount of $2,500, that if it is finally determined that he was not entitled to an injunction, he will pay to respondents all damages and costs which may be sustained by reason of the injunction; and further provided that the relief granted herein shall be without prejudice to a motion by respondents to vacate the injunction in the event appellant shall fail to file, on or before July 28, 1967, record, brief, and notice of argument, and be ready for argument at the term to commence September 6, 1967. Gibson, P.J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.