Opinion
August 6, 1984
Appeal from the Supreme Court, Westchester County (Kelly, J.).
Order dated February 27, 1984, modified, to the extent of, upon reargument, striking the provision of the order dated January 20, 1984, which denied plaintiff's motion insofar as it was for a preliminary injunction, and substituting therefor a provision granting said part of the motion. As so modified, order affirmed insofar as appealed from, and matter remitted to the Supreme Court, Westchester County, to fix the necessary undertaking.
The plaintiff is awarded one bill of costs.
Plaintiff was entitled to a preliminary injunction on the facts of this case ( Zion v Kurtz, 50 N.Y.2d 92; Adler v Svingos, 80 A.D.2d 764). Titone, J.P., Mangano, Gibbons and O'Connor, JJ., concur.