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MASJID USMAN, INC. v. BEECH 140, LLC

2008-10818

68 A.D.3d 942 (2009)

2009 NY Slip Op 9437

892 N.Y.S.2d 430

MASJID USMAN, INC., Respondent, v. BEECH 140, LLC, et al., Appellants.

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

Decided December 15, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

"The decision to grant a preliminary injunction is a matter ordinarily committed to the sound discretion of the court hearing the motion" (Nelson, L.P. v Jannace, 248 A.D.2d 448, 448-449 [1998]; see Doe v Axelrod, 73 N.Y.2d 748, 750 [1988]; Automated Waste Disposal, Inc. v Mid-Hudson Waste, Inc.,

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