Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that "the granting or denial of a motion for a preliminary injunction does not constitute the law of the case or an adjudication on the merits of the claim for a permanent injunction and, therefore, the issues must be tried as if no application for a preliminary injunction had been made" (Ratner v Fountains Clove Rd. Apts.,
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