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PANDO v. FERNANDEZ

88 A.D.2d 540 (1982)

Christopher Pando, an Infant, by His Father and Natural Guardian, John Pando, Appellant, v. Daysi Fernandez, Also Known as Daisy Fernandez, Respondent, et al., Defendant

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

May 18, 1982

We agree with Special Term that there is no basis for an injunction. For the reasons stated by Justice Pecora, plaintiff's motion was properly denied. However, the last decretal paragraph of the order denying the motion appears to resolve the entire issue between the parties without a trial or other proceedings, or at least could be so construed. The relief granted in said paragraph was not sought by the defendant. Nor is she entitled...

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