KOGEL v. KOGEL


42 A.D.2d 589 (1973)

Gustav Kogel et al., Respondents, v. George Kogel et al., Appellants

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

June 13, 1973


Order reversed insofar as appealed from, with $20 costs and disbursements, and plaintiffs' motion denied.

It is further directed that trial of this action shall proceed on June 25, 1973 and that plaintiffs shall serve the note of issue and pay the requisite fees therefor. Upon the papers in this record it was an improper exercise of discretion to grant a preliminary injunction. We order an immediate trial so that the merits may...

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