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Ziankoski v. Simmons

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1988
140 A.D.2d 1007 (N.Y. App. Div. 1988)

Opinion

May 27, 1988

Present — Callahan, J.P., Doerr, Green, Balio and Davis, JJ.


Motion to vacate preliminary injunction granted. Memorandum: The motion for a preliminary injunction should not have been granted because the plaintiffs failed to show that, in the absence of an injunction, they would suffer irreparable injury (see, CPLR 6301). Moreover, Special Term had no power to dispense with the undertaking required by CPLR 6312 (b) (City Store Gates Mfg. Corp. v United Steel Prods., 79 A.D.2d 671, 672).


Summaries of

Ziankoski v. Simmons

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1988
140 A.D.2d 1007 (N.Y. App. Div. 1988)
Case details for

Ziankoski v. Simmons

Case Details

Full title:STANLEY ZIANKOSKI et al., Respondents, v. MICHAEL SIMMONS et al.…

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

Date published: May 27, 1988

Citations

140 A.D.2d 1007 (N.Y. App. Div. 1988)

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