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TOWN OF SOUTHEAST v. GONNELLA

26 A.D.2d 550 (1966)

Town of Southeast, Respondent, v. Louise Gonnella et al., Appellants

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

June 6, 1966

Order reversed and motion denied, with $10 costs and disbursements.

It is well established that the drastic remedy of a temporary injunction is not to be granted unless a clear right thereto is established by the moving papers (Park Terrace Caterers v. McDonough, 9 A.D.2d 113). The plaintiff's rights must be certain as to the law and the facts and the burden of establishing such an undisputed right rests upon the plaintiff...

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