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PRESTON v. FABRICATION ENTERS

68 N.Y.2d 397 (1986)

J. A. Preston Corporation et al., Appellants, v. Fabrication Enterprises, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1986.

Attorney(s) appearing for the Case

Frank H. Penski, Domenick L. Gabrielli and Abigail T. Reardon for appellants.

Lorance Hockert and Leonard N. Flamm for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and TITONE concur; Judge HANCOCK, JR., taking no part.

MEYER, J.

Affirmance by the Appellate Division of an order granting a preliminary injunction is not a final determination of plaintiffs' entitlement to an injunction within the meaning of CPLR 6312 (b) and does not entitle plaintiffs to an order discharging the undertaking given to obtain the preliminary injunction. The order of the Appellate Division should, therefore...

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