Power Auth. of the St. of New York v. Cannata

Full title: POWER AUTHORITY OF THE STATE OF NEW YORK, Appellant, v. GREGORY CANNATA et…

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

Date published: Dec 16, 1986

125 A.D.2d 789 (N.Y. App. Div. 1986)

Opinion

December 16, 1986

Appeal from the Supreme Court, Otsego County (Tait, Jr., J.).

Casey, J.

Upon presentation of additional material facts which have occurred since the denial of its previous motion, plaintiff was entitled to renew its applications for preliminary injunctions (see, Matter of Dondi v. Jones, 40 N.Y.2d 8, 15; see also, 2A Weinstein-Korn-Miller, N Y Civ Prac ¶ 2221.03; 2 Carmody-Wait 2d, N Y Prac § 8:73, at 95; but see, Donnelly v. Donnelly, 114 A.D.2d 671, 672 ). On the merits, since the facts and circumstances herein are virtually identical to those in certain related actions where plaintiff's motions for preliminary injunctive relief were granted (see, e.g., Power Auth. of State of N.Y. v Bowen, 121 A.D.2d 840), plaintiff is entitled to preliminary injunctive relief herein.

Orders reversed, on the law and the facts, without costs, motions to renew granted and, upon renewal, motions for preliminary injunctions granted. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.