Per Curiam.
Defendant appeals from a preliminary injunction granted in favor of the plaintiff taxpayer. Order affirmed. We do not reach the merits. We leave to a plenary trial the determination of the important ultimate question in the case. (Elishewitz & Sons v. Barry Equity Corp., 280 App. Div. 336, 338, mot. for lv. to app. den. 280 App. Div. 915; Metzger Co. v. Fay,
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