Wyndham Co. v. Wyndham Hotel Co.

Appellate Division of the Supreme Court of New York

Wyndham Co. v. Wyndham Hotel Co.

236 A.D.2d 220, 653 N.Y.S.2d 852, 1997 N.Y. App. Div. LEXIS 801

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1997·Published·Cited by 3 cases

Opinion

—Order, Supreme Court, New York County (Norman Ryp, J.), entered on or about September 3, 1996, which denied defendant’s motion to modify a temporary restraining order previously issued [221]*221by another Justice of the same court, who, upon granting defendants’ motion for a trial preference, referred plaintiff’s motion for a preliminary injunction to the trial court, unanimously affirmed, with costs.

The trial court properly exercised its discretion in continuing the existing temporary restraining order, albeit with modification not to defendants’ satisfaction, pending its issuance of a decision on the merits. On any view of the matter, the status quo should be maintained until judgment in the action is rendered (see, Preston Corp. v Fabrication Enters., 68 NY2d 397, 405). Concur—Sullivan, J. P., Ellerin, Rubin and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Norman Ryp, J.), entered on or about September 3, 1996, which denied defendant’s motion to modify a temporary restraining order previously issued [221]*221by another Justice of the same court, who, upon granting defendants’ motion for a trial preference, referred plaintiff’s motion for a preliminary injunction to the trial court, unanimously affirmed, with costs.

The trial court properly exercised its discretion in continuing the existing temporary restraining order, albeit with modification not to defendants’ satisfaction, pending its issuance of a decision on the merits. On any view of the matter, the status quo should be maintained until judgment in the action is rendered (see, Preston Corp. v Fabrication Enters., 68 NY2d 397, 405). Concur—Sullivan, J. P., Ellerin, Rubin and Mazzarelli, JJ.

Wyndham Co. v. Wyndham Hotel Co., 236 A.D.2d 220, 653 N.Y.S.2d 852, 1997 N.Y. App. Div. LEXIS 801 (N.Y. Ct. App. 1997).

Pincite

236 A.D.2d 220 (Wyndham Co. v. Wyndham Hotel Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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