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360 WEST 11TH LLC v. ACG CREDIT COMPANY II, LLC

46 A.D.3d 367 (2007)

847 N.Y.S.2d 198

360 WEST 11TH LLC et al., Appellants-Respondents, v. ACG CREDIT COMPANY II, LLC, Respondent-Appellant.

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

Decided December 18, 2007.

Since the purpose of a preliminary injunction is to maintain the status quo pending a hearing on the merits, rather than to determine the parties' ultimate rights (see Matter of 35 N.Y. City Police Officers v City of New York, 34 A.D.3d 392, 393-394 [2006]), the motion court exercised its discretion appropriately in granting plaintiffs' motion to the extent of directing defendant to place into escrow a certain sum of money. However...

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