Kogel v. Kogel

Appellate Division of the Supreme Court of New York

Kogel v. Kogel

42 A.D.2d 589, 344 N.Y.S.2d 1008, 1973 N.Y. App. Div. LEXIS 4175

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

DecidedJune 13, 1973

StatusPublished

This text of 42 A.D.2d 589 (Kogel v. Kogel) 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

Kogel v. Kogel, 42 A.D.2d 589, 344 N.Y.S.2d 1008, 1973 N.Y. App. Div. LEXIS 4175 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action inter alla for injunctive relief, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated April 30, 1973, as, on reargument, adhered to the original decision embodied in an order of the same court dated March 27, 1973, inter alla granting plaintiffs’ motion for a preliminary injunction and granting a trial preference. Order reversed insofar as appealed from, with $20 costs and disbursements, and plaintiffs’ motion denied. It is further directed that trial of this action shall proceed on June 25, 1973 and that plaintiffs shall serve the note of issue and pay the requisite fees therefor. Upon the papers in this record it was an improper exercise of discretion to grant a preliminary injunction. We order an immediate trial so that the merits may be resolved. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Benjamin, JJ., concur.

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In an action inter alla for injunctive relief, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated April 30, 1973, as, on reargument, adhered to the original decision embodied in an order of the same court dated March 27, 1973, inter alla granting plaintiffs’ motion for a preliminary injunction and granting a trial preference. Order reversed insofar as appealed from, with $20 costs and disbursements, and plaintiffs’ motion denied. It is further directed that trial of this action shall proceed on June 25, 1973 and that plaintiffs shall serve the note of issue and pay the requisite fees therefor. Upon the papers in this record it was an improper exercise of discretion to grant a preliminary injunction. We order an immediate trial so that the merits may be resolved. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 589, 344 N.Y.S.2d 1008, 1973 N.Y. App. Div. LEXIS 4175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kogel-v-kogel-nyappdiv-1973.