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PRINCE LUMBER CO., INC. v. CMC MIC HOLDING CO.

253 A.D.2d 718 (1998)

678 N.Y.S.2d 256

Prince Lumber Company, Inc., Respondent, v. CMC MIC Holding Company, L.L.C., Appellant

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

September 29, 1998

It is clear that the failure to continue the temporary restraining order pending determination of the motion was inadvertent, and accordingly, defendant's notice of termination served several days after the return date of the motion was properly vacated (see, Mann Theatres Corp. v Mid-Island Shopping Plaza Co., 94 A.D.2d 466, 476-477, affd 62 N.Y.2d 930

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