Opinion
September 29, 1970
Order entered July 24, 1968, unanimously affirmed, and that the respondent recover of the appellants $30 costs and disbursements. In affirming we do not give approval to the practice here involved. Plaintiff obtained a preliminary injunction in 1964. The case has not yet come to trial. However, this ground for dissolving the injunction was not presented to Special Term and is advanced for the first time on this appeal. We cannot discount the possibility that plaintiff may have an adequate answer. This is made more probable by the consideration that defendants waited over two years to bring on this appeal.
Concur — Eager, J.P., Nunez, Steuer and Tilzer, JJ.