EIDELBERG v. STEINBERG


6 A.D.2d 895 (1958)

Samuel Eidelberg et al., Respondents-Appellants, and Nyack Bank & Trust Company, Respondent, v. Abram Steinberg et al., Appellants-Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 21, 1958


Order modified by striking therefrom the second ordering paragraph. As so modified, order, insofar as appealed from, affirmed, without costs.

A definitive adjudication as to the validity of the building permit, or as to respondents-appellants' right in this action to obtain the relief which they seek, should be made only after a plenary trial of the issues, and not on a motion such as this for an injunction pendente lite. The general rule is that, except in...

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