Opinion
October 16, 1951.
Present — Peck, P.J., Dore, Cohn, Callahan and Van Voorhis, JJ.;
Motion for reargument unanimously denied. Motion for leave to appeal to the Court of Appeals granted and the following question certified: Was there any basis in the record for the exercise of discretion by the Appellate Division in issuing a temporary injunction?
The order of this court granting a temporary injunction to maintain the status quo before trial was not a final but an intermediate order, and was not based solely on an issue of law but in the discretion of this court on facts stated in the majority decision incorporated into the order of reversal which was not on the law alone but upon the facts and the law and therefore it is improper to certify the question which the majority of the court has certified (Civ. Prac. Act, § 589, subd. 3, pars. [a], [b]; Braunworth v. Braunworth, 285 N.Y. 151; Langan v. First Trust Deposit Co., 296 N.Y. 60). Settle order on notice.