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ROSEMONT ENTERS., INC. v. IRVING

41 N.Y.2d 829 (1977)

Rosemont Enterprises, Inc., Appellant, v. Clifford Irving, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 10, 1977.

Attorney(s) appearing for the Case

David I. Shivitz, Howard M. Jaffe and Mark A. Pachman for appellant.

Harold P. Weinberger and Maurice N. Nessen for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

The question certified does not present a question of law decisive of the correctness of the determination of the Appellate Division. Plaintiff seeks, and has been denied, a modification of an existing preliminary injunction. The remedy requested is equitable in nature; whether to award relief is committed to the discretion of the Supreme Court, and perforce, to the Appellate Division. Since the issue is...

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