Proskin v. 41 State Office Investors, Inc.

119 A.D.2d 879, 500 N.Y.S.2d 233, 1986 N.Y. App. Div. LEXIS 55821

This text of 119 A.D.2d 879 (Proskin v. 41 State Office Investors, Inc.) 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
Proskin v. 41 State Office Investors, Inc., 119 A.D.2d 879, 500 N.Y.S.2d 233, 1986 N.Y. App. Div. LEXIS 55821 (N.Y. Ct. App. 1986).

Opinion

— Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered August 7, 1985 in Albany County, which granted plaintiffs motion for a preliminary injunction.

The preliminary injunction was properly granted (see, Herzfeld & Stern v Ironwood Realty Corp., 102 AD2d 737; Grand Liberte Coop, v Bilhaud, 126 Mise 2d 961, 963-964). Contrary to defendant’s suggestion, the merits of the underlying action must be addressed by the court of original jurisdiction and not by this court in the first instance. The order should be affirmed.

Order affirmed, with costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Related

Herzfeld & Stern v. Ironwood Realty Corp.
102 A.D.2d 737 (Appellate Division of the Supreme Court of New York, 1984)

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Bluebook (online)
119 A.D.2d 879, 500 N.Y.S.2d 233, 1986 N.Y. App. Div. LEXIS 55821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proskin-v-41-state-office-investors-inc-nyappdiv-1986.