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WALLACK FREIGHT LINES, INC. v. NEXT DAY EXPRESS, INC.

245 A.D.2d 367 (1997)

666 N.Y.S.2d 452

Wallack Freight Lines, Inc., Respondent, v. Next Day Express, Inc., et al., Appellants

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

December 8, 1997

Ordered that the order is reversed, on the law, with costs, and the motion for a preliminary injunction is denied.

The Supreme Court incorrectly granted the plaintiff's application for a preliminary injunction (see, CPLR 6301). Although the hearing record demonstrates the likelihood of the plaintiff's success on the merits (see, Skaggs-Walsh, Inc. v Chmiel, 224 A.D.2d 680; Nassau Soda Fountain Equip. Corp...

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