Opinion
February 4, 1997.
Order, Supreme Court, New York County (Norman Ryp, J.), entered on or about September 3, 1996, which denied defendant's motion to modify a temporary restraining order previously issued by another Justice of the same court, who, upon granting defendants' motion for a trial preference, referred plaintiffs motion for a preliminary injunction to the trial court, unanimously affirmed, with costs.
Before: Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.
The trial court properly exercised its discretion in continuing the existing temporay restraining order, albeit with modification not to defendants' satisfaction, pending its issuance of a decision on the merits. On any view of the matter, the status quo should be maintained until judgment in the action is rendered ( see, Preston Corp. v Fabrication Enters., 68 NY2d 397, 405).