Appellate Division of the Supreme Court of New York, 1981

Arvay v. New York Telephone Co.

Appellate Division of the Supreme Court of New York · Decided April 13, 1981

81 A.D.2d 600; 437 N.Y.S.2d 721; 1981 N.Y. App. Div. LEXIS 11084

Cases that cite this one

4 later published cases cite this decision.

Wells Fargo Bank N.A. v. Area Plumbing Supply, Inc. (Appellate Division of the Supreme Court of New York 2017)
BSI, LLC v. Toscano (Appellate Division of the Supreme Court of New York 2010)
Binns v. Billhimer (Appellate Division of the Supreme Court of New York 2000)
Seebaugh v. Borruso (Appellate Division of the Supreme Court of New York 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In an action, inter alia, to compel the defendant to remove certain of its equipment from real property owned by plaintiffs, defendant appeals from so much of an order of the Supreme Court, Kings County, dated November 19, 1979, as granted its motion for a preliminary injunction on terms other than those set forth in its proposed order. On the court’s own motion, preliminary injunction dated November 19, 1979 vacated and appeal dismissed, without costs or disbursements. In the absence *601of the counterclaim by defendant which would provide the jurisdictional predicate for the granted relief (CPLR 6001, 6301), Special Term was without power to grant a preliminary injunction to defendant (see Pen Kem, Inc. v Goetz, 75 AD 2d 579). Lazer, J.P., Gibbons, Gulotta and Cohalan, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.