Opinion
September 29, 1998
Appeal from the Supreme Court, New York County (Carol Arber, J.).
It is clear that the failure to continue the temporary restraining order pending determination of the motion was inadvertent, and accordingly, defendant's notice of termination served several days after the return date of the motion was properly vacated ( see, Mann Theatres Corp. v. Mid-Island Shopping Plaza Co., 94 A.D.2d 466, 476-477, affd 62 N.Y.2d 930).
Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.