The motion for a stay is hereby granted.
Without prejudging the merits of the appeal, there is an apparent conflict between the denial of the mandatory injunction by Special Term and the order which was signed. Moreover, a stay at this juncture is appropriate in view of the well-settled rule that a mandatory injunction "if ever permissible in advance of final judgment, is plainly inappropriate unless the undisputed facts are such that a trial is a futility". (Yome...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
