O'NEILL v. POITRAS


158 A.D.2d 928 (1990)

Ellen M. O'Neill et al., Respondents, v. Roland Poitras et al., Appellants, et al., Defendant

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

February 2, 1990


Order unanimously reversed on the law with costs and defendants' motion granted.

Memorandum:

It was an improvident exercise of discretion for Supreme Court to deny defendants' motion to vacate or modify the preliminary injunction previously granted in this case. Initially, we note that defendants are clearly entitled to make such an application (see, CPLR 6314) and this court has the same discretion as Special Term in deciding whether to vacate or modify...

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