MONTGOMERY v. STATE


43 A.D.2d 552 (1973)

Nathaniel Montgomery et al., Respondents, v. State of New York, Department of Mental Hygiene, Narcotics Addiction Control Commission, et al., Appellants

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

November 29, 1973


Special Term issued the pendente lite injunction on January 17, 1972. Its function was to prevent the immediate destruction of a row of townhouses in the Mount Morris Park District in Harlem which have been designated as historic landmarks by the Landmarks Preservation Commission. Of course, if the houses are demolished, the plaintiffs and the community will suffer irreparable injury. On the other hand, continuation of the injunction until the trial will not harm defendants...

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