PROSKIN & LAVIGNE v. 41 STATE OFFICE INVESTORS, INC.


119 A.D.2d 879 (1986)

Proskin & Lavigne, P. C., as Successor in Interest to Arnold W. Proskin, P. C., Respondent, v. 41 State Office Investors, Inc., as Successor in Interest to MacFarland Construction Company, Inc., Appellant

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

April 3, 1986


The preliminary injunction was properly granted (see, Herzfeld & Stern v Ironwood Realty Corp., 102 A.D.2d 737; Grand Liberte Coop. v Bilhaud, 126 Misc.2d 961, 963-964). Contrary to defendant's suggestion, the merits of the underlying action must be addressed by the court of original jurisdiction and not by this court in the first instance. The order should be affirmed.

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