STRAISA REALTY v. WOODBURY


185 A.D.2d 96 (1993)

Straisa Realty Corp., Respondent, v. Woodbury Associates, Appellant, et al., Defendants

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

January 19, 1993


Attorney(s) appearing for the Case

Milton Jonas, Garden City (Ronald J. Rosenberg of counsel), for appellant.

Jacob Rabinowitz, New York City (Leonard Eli Bronner of counsel), for respondent.

THOMPSON, J. P., PIZZUTO and SANTUCCI, JJ., concur.


MILLER, J.

The principal issue presented by this appeal is whether an interlocutory order of the Appellate Division, vacating a preliminary injunction, is a final order within the meaning of CPLR 6312 (b) so that the defendant is entitled to summary ascertainment of damages on the undertaking posted by the plaintiff, where the underlying action, inter alia, for equitable relief, has not yet been decided...

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