RAPPA v. PALMIERI


203 A.D.2d 270 (1994)

610 N.Y.S.2d 286

Carlo Rappa et al., Appellants, v. Nicola Palmieri et al., Respondents

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

April 4, 1994


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the court did not mischaracterize the relief requested. A Yellowstone injunction (see, First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630) was specifically requested in their reply. Moreover, the court did not improvidently exercise its discretion in denying the motion. The motion was untimely, since the plaintiffs...

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