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ARVAY v. NEW YORK TEL. CO.

81 A.D.2d 600 (1981)

Linda M. Arvay et al., Respondents, v. New York Telephone Company, Appellant

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

April 13, 1981

On the court's own motion, preliminary injunction dated November 19, 1979 vacated and appeal dismissed, without costs or disbursements.

In the absence of the counterclaim by defendant which would provide the jurisdictional predicate for the granted relief (CPLR 6001, 6301), Special Term was without power to grant a preliminary injunction to defendant (see Pen Kem, Inc. v Goetz, 75 A.D.2d 579

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