BINNS v. BILLHIMER


271 A.D.2d 562 (2000)

706 N.Y.S.2d 706

JOHN BINNS et al., Appellants, v. MARK A. BILLHIMER, Defendant, and MARLENE L. BUDD, Respondent.

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

Decided April 17, 2000.


Ordered that the order is modified by deleting the provision thereof continuing the temporary restraining order contained in the order to show cause dated July 23, 1998, and substituting therefor a provision vacating the temporary restraining order; as so modified, the order is affirmed, without costs or disbursements.

In 1998 the plaintiffs commenced this action by service of a motion for summary judgment in lieu of complaint (see, CPLR 3213) against the defendants...

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