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WALL ST. GARAGE v. STOCK EXCH

10 A.D.3d 223 (2004)

781 N.Y.S.2d 324

WALL STREET GARAGE PARKING CORP., Respondent, v. NEW YORK STOCK EXCHANGE, INC., Appellant.

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

August 5, 2004.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, LLP, New York City (Douglas W. Henkin and Anthony J. Rotondi of counsel), for appellant.

Jenkens & Gilchrist Parker Chapin LLP, New York City (Stephen F. Harmon and Eric L. Unis of counsel), for respondent.

Andrias, Williams, Marlow and Gonzalez, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

At issue on this appeal is whether defendant New York Stock Exchange (NYSE) created a public nuisance by restricting vehicular access to a security zone around the Stock Exchange devised by closing seven traffic intersections in the aftermath of the terrorist attacks of September 11, 2001, thereby entitling plaintiff, a business entity in the area, to preliminary injunctive relief. We find the motion court erred in granting...

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