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  5. 17 A.D.2d 311 (1962)
 

TINSTON v. CITY OF NEW YORK

17 A.D.2d 311 (1962)

William J. Tinston, Appellant, v. City of New York et al., Respondents

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

November 27, 1962.

Attorney(s) appearing for the Case

John P. McGrath of counsel (Satterlee, Warfield & Stephens, attorneys), for appellant.

Leon A. Fischel of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondents.

RABIN, J. P., and EAGER, J., concur with STEUER, J.; VALENTE and McNALLY, JJ., dissent in separate opinions.

STEUER, J.

Plaintiff appeals from an order of Special Term which denied his application for an injunction pendente lite and granted defendants' cross motion to dismiss the complaint. We agree with Special Term that the injunction was properly denied, as trial can be had and the issues completely disposed of before the acts sought to be enjoined are scheduled to be performed.

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