Order modified, on the law, by deleting therefrom the fourth, fifth and eighth decretal paragraphs thereof and substituting therefor a provision denying that branch of the cross motion in Action No. 1, which was for a preliminary injunction. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
Special Term erred in granting defendants' cross motion for preliminary injunctive relief. In the absence of an appropriate counterclaim...
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