FOLEY v. D'AGOSTINO


20 A.D.2d 770 (1964)

John Foley et al., as Executors of Pasquale D'Agostino, Deceased, Appellants, v. Nicholas D'Agostino et al., Respondents, et al., Defendants

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

March 17, 1964


Order, entered November 1, 1963, denying plaintiffs' motion for temporary injunction and appointment of receiver, unanimously affirmed, on the law and the facts and in the exercise of discretion, without costs.

Plaintiffs have failed to make a sufficient factual showing of urgent necessity and imminent and irreparable substantial damage to justify the drastic relief sought. The plaintiffs' remedy here is to press for an early trial. (See 10 Carmody-Wait, New York...

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