CEMETERY v. CESARE


49 A.D.2d 584 (1975)

Pinelawn Cemetery, Appellant, v. Anthony Cesare, as Receiver of Taxes for The Town of Babylon, et al., Respondents

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

July 7, 1975


Order reversed insofar as appealed from, with $20 costs and disbursements to plaintiff.

CPLR 6301 limits the granting of the extraordinary relief of a preliminary injunction to situations wherein the party moving therefor establishes that his adversary is about to render any final judgment procured in the pending action ineffectual or is about to perform some act which will cause him injury. In addition, CPLR 6311 (subd 1) provides that "A preliminary injunction may...

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