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MATTER OF ATTORNEY-GEN. OF THE STATE OF NEW YORK v. KATZ

55 N.Y.2d 1015 (1982)

In the Matter of the Attorney-General of the State of New York, Respondent, v. Curtis Katz et al., Appellants.

Court of Appeals of the State of New York.

Decided February 23, 1982.

Attorney(s) appearing for the Case

Gary M. Rosenberg and Harold Zucker for Curtis Katz, appellant.

Stanley Alter for Thunderbird Realty Company and others, appellants.

Robert Abrams, Attorney-General (Gerald J. Hurwitz and Shirley Adelson Siegel of counsel), respondent pro se.

Steven M. Hayes for Teddy Roth and others, amici curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs and without prejudice to an application by respondents to Special Term for the vacation of the injunction order of March 19, 1980 in light of the commencement of the plenary action.

The Appellate Division has the same discretion as does Special Term in deciding whether an injunction order should be vacated and may, by way of reviewing...

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