Ordered that the order dated June 2, 2005 is affirmed insofar as appealed from, with costs to the intervenor, and the matter is remitted to the Supreme Court, Kings County, for a determination of whether the intervenor sustained a loss and, if so, the extent of the loss due to the plaintiff's conduct during the period that the injunction was in effect pursuant to the decision and order on motion of this Court dated July 15, 2005.
The Supreme Court properly granted...
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