Order reversed, with $50 costs and disbursements, and matter remitted to Special Term for a hearing on the merits of defendants' motion.
We note initially that CPLR 6314 allows a defendant to move to vacate a preliminary injunction, on notice to the plaintiff, "at any time". Special Term thus erred in declining to consider the merits of defendants' motion. We also find that there is an insufficient factual basis in the record on which to review the merits of the granting...
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