Opinion
April 22, 1985
Appeal from the Supreme Court, Rockland County (Stolarik, J.).
Appeal and cross appeal from order dated July 25, 1983 and resettled order dated September 13, 1983, dismissed, without costs or disbursements; said orders were superseded by the order entered November 30, 1983, upon reargument.
Order entered November 30, 1983, modified by deleting from the 14th decretal paragraph of the order dated September 13, 1983, the words "Rockland County" and substituting therefor "New York County". As so modified, order entered November 30, 1983, affirmed insofar as appealed from, without costs or disbursements.
Special Term properly issued a preliminary injunction restraining the defendants from performing real estate broker functions without a license (Real Property Law §§ 440, 440-a, 442-e). As to plaintiff's challenge to the denial of certain other branches of her motion for preliminary injunctive relief, we agree with Special Term that plaintiff has not demonstrated her entitlement to such a drastic remedy. The arguments on appeal present questions of fact which should more appropriately be raised and determined at trial. Since the partnership certificate had been filed in New York County, it is clear that Special Term misspoke when it referred to the partnership certificate "filed in the Rockland County Clerk's office". Mollen, P.J., Mangano, Thompson and O'Connor, JJ., concur.