Appellate Division of the Supreme Court of New York, 1997

Wyndham Co. v. Wyndham Hotel Co.

Appellate Division of the Supreme Court of New York · Decided February 4, 1997

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

Cases that cite this one

3 later published cases cite this decision.

Dupree v. Scottsdale Insurance (Appellate Division of the Supreme Court of New York 2012)
Dupree v. Scottsdale Insurance (Appellate Division of the Supreme Court of New York 2012)
JT Queens Carwash, Inc. v. 88-16 Northern Blvd, LLC (Appellate Division of the Supreme Court of New York 2006)

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

—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 *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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.