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HOFFMANN INVESTORS CORP. v. YUVAL

33 A.D.3d 511 (2006)

823 N.Y.S.2d 51

HOFFMANN INVESTORS CORP., Appellant, v. GOLAN YUVAL et al., Respondents, et al., Defendant.

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

Decided October 24, 2006.

There was no evidentiary support for a finding that plaintiff would suffer irreparable harm substantially outweighing injury the injunction would cause defendant-respondent (see Matter of Angiolillo v Town of Greenburgh, 21 A.D.3d 1101, 1104 [2005]). The record discloses no nonspeculative ground to support a finding that defendant's rebuilt retaining wall presents a danger to plaintiff that would warrant mandating the expensive and...

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