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CITY OF NEW YORK v. PARTNERSHIP 91, L.P.

277 A.D.2d 164 (2000)

716 N.Y.S.2d 659

CITY OF NEW YORK, Appellant, v. PARTNERSHIP 91, L.P., et al., Respondents.

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

Decided November 30, 2000.

The IAS Court's denial of the City's motion for a preliminary injunction closing the subject premises and prohibiting the removal of gambling equipment and the further use of the premises for illegal gambling constituted an improvident exercise of discretion. The conclusion that the nuisance had abated was not justified by the evidence.

Section 7-707 (a) of the Administrative Code of the City of New York provides for a preliminary injunction "enjoining a public nuisance...

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