Order affirmed, without costs, and without prejudice to an application to vacate the order if the action be not moved promptly for trial.
This determination is based, not on the merits of the controversy, which have not been considered, but on the well-settled principle that, save in exceptional cases, an appellate court will not interfere with the discretion of the Special Term in granting or refusing an injunction pendente lite but will await the determination...
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