Morgenthau v. Eliopoulos

269 A.D.2d 204, 702 N.Y.S.2d 813, 2000 N.Y. App. Div. LEXIS 1302

Opinion

—Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about March 23, 1999, which held plaintiffs order to show cause seeking a preliminary injunction in abeyance pending a fact-finding hearing to determine plaintiffs entitlement to such relief, unanimously affirmed, without costs.

The court properly exercised its discretion in ordering a fact-finding hearing since the parties’ averments reveal that the facts pertinent to assessing the likelihood of plaintiffs success on the merits in this forfeiture proceeding are disputed (see, Morgenthau v Young, 204 AD2d 118; Dillon v Schiavo, 114 AD2d 924, lv dismissed 67 NY2d 605).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Rosenberger, J. P., Williams, Saxe and Buckley, JJ.