The grant or refusal of a temporary injunction does not constitute the law of the case or an adjudication on the merits, and the issues must be tried to the same extent as though no temporary injunction had been applied for (Walker Mem. Baptist Church v Saunders, 285 N.Y. 462, 474). Therefore, Special Term was not bound by our prior order, entered March 20, 1979, which affirmed Justice Nadel's order, entered February 22, 1979, enjoining defendants from competing with...
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