Southard v. Salerno

Full title: DIANE SOUTHARD, Appellant, v. ROBERT C. SALERNO, Respondent

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

Date published: Sep 30, 1985

113 A.D.2d 927 (N.Y. App. Div. 1985)

493 N.Y.S.2d 764

Opinion

September 30, 1985

Appeal from the Supreme Court, Kings County (Jones, J.).

Order affirmed, with costs.

The record shows the existence of a sharp question of fact as to the ownership of the delicatessen business at issue in the case. Under the circumstances, it was not an abuse of discretion for Special Term to refuse to grant a preliminary injunction and we see no reason to substitute our own discretion for that of Special Term. Lazer, J.P., O'Connor, Weinstein and Niehoff, JJ., concur.