ARMBRUSTER v. GIPP


103 A.D.2d 1014 (1984)

James Armbruster et al., Respondents, v. Charles W. Gipp et al., Appellants

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

July 13, 1984


Order unanimously reversed, on the law, with costs and motion denied.

Memorandum:

We are unaware of any authority that would permit the granting of a permanent injunction during the pendency of an action by the simple expedient of obtaining an order to show cause for such injunction, which itself is the relief sought in the underlying action. At most, plaintiffs' application was for a preliminary injunction which requires a showing that defendant is acting...

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