2339 EMPIRE MANAGEMENT, LLC v. 2329 NOSTRAND REALTY, LLC

2009-00365.

71 A.D.3d 998 (2010)

897 N.Y.S.2d 241

2339 EMPIRE MANAGEMENT, LLC, Appellant, v. 2329 NOSTRAND REALTY, LLC, et al., Respondents.

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

Decided March 23, 2010.


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

"If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice" (CPLR 6313 [a]). "Prior to the granting of a temporary restraining order the court may, in its discretion, require the plaintiff to...

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