PEOPLE v. HATCHAMOVITCH


40 A.D.2d 556 (1972)

The People of the State of New York, Respondent, v. M. Hatchamovitch et al., Appellants

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

July 13, 1972


Order reversed, without costs, and motion denied.

The trial of the action is to proceed forthwith. The People have obtained a temporary injunction pursuant to section 2801-b of the Public Health Law. Such an injunction may only issue upon "proof" that the "violation is one which reasonably may result in injury to any person." There has as yet been no such showing. Indeed, the papers before us indicate that the facility operated by defendants conforms to high standards...

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