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SCHMITT v. CITY OF NEW YORK

50 A.D.3d 1010 (2008)

857 N.Y.S.2d 192

JOHN SCHMITT et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided April 22, 2008.

Ordered that the order is reversed, on the law, with costs, and the temporary restraining order is vacated.

The temporary restraining order issued by the Supreme Court had the effect of undermining an order of this Court dated September 20, 2006, denying the plaintiffs' application for a stay of eviction pending hearing and determination of the appeal decided herewith (see Matter of City of New York v Schmitt, 50 A.D.3d 1033 [2008] [decided herewith]). Thus...

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