Ordered that the order is modified, on the law, by adding a provision that, upon searching the record, summary judgment is granted in favor of the defendant on the merits dismissing the action; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant.
The plaintiff seeks damages allegedly incurred by an improperly issued temporary restraining order which did not require that an undertaking be posted. We reject the plaintiff's argument...
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