Farber v. Bankers Trust Co.

Appellate Division of the Supreme Court of New York

Farber v. Bankers Trust Co.

73 A.D.2d 658, 423 N.Y.S.2d 832, 1979 N.Y. App. Div. LEXIS 14495

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1979

StatusPublished

This text of 73 A.D.2d 658 (Farber v. Bankers Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farber v. Bankers Trust Co., 73 A.D.2d 658, 423 N.Y.S.2d 832, 1979 N.Y. App. Div. LEXIS 14495 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In an action, inter alia, for a permanent injunction, defendants appeal from an order of the Supreme Court, Queens County, dated December 10, 1979, which, upon certain conditions, granted plaintiffs motion for a preliminary injunction enjoining defendants from commencing an action to foreclose a mortgage on certain real property located in New Jersey. Order reversed and plaintiffs motion is denied, without costs or disbursements. On this record, it is our view that Special Term improvidently exercised its discretion in granting plaintiffs motion for a preliminary- injunction. (See, generally, 7A Weinstein-Korn-Miller, NY Civ Prac, pars 6301.12, 6301.13, 6301.14, 6301.26, 6301.27; cf. Bankers Trust Co. v Braten Apparel Corp., 68 AD2d 810, 811.) Hopkins, J. P., Titone, Gulotta and Cohalan, JJ., concur.

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— In an action, inter alia, for a permanent injunction, defendants appeal from an order of the Supreme Court, Queens County, dated December 10, 1979, which, upon certain conditions, granted plaintiffs motion for a preliminary injunction enjoining defendants from commencing an action to foreclose a mortgage on certain real property located in New Jersey. Order reversed and plaintiffs motion is denied, without costs or disbursements. On this record, it is our view that Special Term improvidently exercised its discretion in granting plaintiffs motion for a preliminary- injunction. (See, generally, 7A Weinstein-Korn-Miller, NY Civ Prac, pars 6301.12, 6301.13, 6301.14, 6301.26, 6301.27; cf. Bankers Trust Co. v Braten Apparel Corp., 68 AD2d 810, 811.) Hopkins, J. P., Titone, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

73 A.D.2d 658, 423 N.Y.S.2d 832, 1979 N.Y. App. Div. LEXIS 14495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farber-v-bankers-trust-co-nyappdiv-1979.

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