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CHILDRESS v. LIPKIS

72 A.D.2d 724 (1979)

William Childress et al., Plaintiffs, and Ed Epstein et al., Appellants, v. Eliahu Lipkis et al., Respondents

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

November 29, 1979

Plaintiffs tenants seek a preliminary injunction (a) tolling and staying the effect of a so-called 10-day notice to cure, dated January 10, 1979, and (b) enjoining the landlords from commencing summary proceedings in the Civil Court. In addition to serious disputed questions as to the ultimate rights of the parties, we think that the preliminary injunction was properly denied for these reasons: As to tolling the 10-day notice to...

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