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CURRIER v. FIRST TRANSCAPITAL CORP.

190 A.D.2d 507 (1993)

Thomas Currier, Appellant, v. First Transcapital Corporation et al., Respondents, et al., Defendant

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

February 2, 1993

The IAS Court properly denied, as moot, plaintiff's motion for a preliminary injunction seeking to enjoin the private sale of both the subject units of the cooperative building which had been scheduled for August 21, 1992. The temporary restraining order was specifically conditioned upon the filing of a $5,000 surety bond prior to the auction. Plaintiff concededly failed to fulfill an express condition precedent required for the...

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