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EAST COAST DRILLING, INC. v. TOTAL STRUCTURE ENTER., INC.

2012-09455.

106 A.D.3d 688 (2013)

964 N.Y.S.2d 238

2013 NY Slip Op 3057

EAST COAST DRILLING, INC., Respondent, v. TOTAL STRUCTURE ENTERPRISE, INC., et al., Appellants.

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

Decided May 1, 2013.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for a preliminary injunction is denied.

The plaintiff and the defendants disagree as to which of them is the owner of a large construction excavator which is currently in the plaintiff's possession and which the defendants seek to recover. The plaintiff commenced this action, inter alia, to permanently enjoin the defendants from, in effect, taking or attempting to take possession...

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