Appellate Division of the Supreme Court of New York, 1982

117 East 24th Street Associates v. Karr

117 East 24th Street Associates v. Karr
Appellate Division of the Supreme Court of New York · Decided November 23, 1982 · Follows, Silverman
90 A.D.2d 747; 458 N.Y.S.2d 1021; 1982 N.Y. App. Div. LEXIS 18942
117 East 24th Street Associates v. Karr

Opinion of the Court

Order, Supreme Court, New York County (Ascione, J.), entered on February 16,1982, unanimously affirmed for the reasons stated by Ascione, J., at Special Term. Respondents shall recover of appellant $75 costs and disbursements of this appeal. Concur — Sandler, J. P., Carro and Asch, JJ.

Concurring Opinion

Silverman, J., concurs in a memorandum as follows:

I concur for affirmance solely on the ground that the action appears to be one for money damages only, and that in such an action a preliminary injunction may not be granted. (CPLR 6301; cf. 7A Weinstein-Korn-Miller, NY Civ Prac, par 6301.10.)

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