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Wilcox v. Jefferson Cty. Indus. Dev. Agency

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1980
73 A.D.2d 1062 (N.Y. App. Div. 1980)

Opinion

January 24, 1980

Appeal from the Jefferson Supreme Court.

Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.


Order unanimously affirmed, without costs. Memorandum: By order to show cause, appellants applied to Special Term for an injunction prohibiting the respondent from conducting its business in a manner which allegedly was beyond its authority. No action having been commenced, there was no action pending in which a preliminary injunction could have been granted (CPLR 6301). Nor had a special proceeding been instituted. Thus, Special Term could not have granted the relief and it properly denied the application. It is unnecessary to reach the other issues presented.


Summaries of

Wilcox v. Jefferson Cty. Indus. Dev. Agency

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1980
73 A.D.2d 1062 (N.Y. App. Div. 1980)
Case details for

Wilcox v. Jefferson Cty. Indus. Dev. Agency

Case Details

Full title:ARTHUR WILCOX et al., Appellants, v. JEFFERSON COUNTY INDUSTRIAL…

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

Date published: Jan 24, 1980

Citations

73 A.D.2d 1062 (N.Y. App. Div. 1980)

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