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MOSSERI v. FRIED

289 A.D.2d 545 (2001)

735 N.Y.S.2d 794

SALOMON MOSSERI et al., Appellants, v. JOSEF FRIED et al., Respondents.

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

Decided December 31, 2001.

Ordered that the notice of appeal from a decision of the same court dated April 19, 2000, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]); and it is further,

Ordered that the order is affirmed, with costs.

The decision to grant a preliminary injunction is a matter ordinarily committed to the sound discretion of the Supreme Court (see, Doe v Axelrod, 73 N.Y.2d 748, 750). To prevail...

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