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JSC VTB BANK v. MAVLYANOV

4850N, 652516/16.

154 A.D.3d 560 (2017)

2017 NY Slip Op 07339

63 N.Y.S.3d 40

JSC VTB BANK, Appellant-Respondent, v. IGOR MAVLYANOV et al., Respondents-Appellants, et al., Defendants.

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

Decided October 19, 2017.

Although plaintiff failed to submit an affidavit in its motion, the court was permitted to consider the affirmation by counsel, which, although not made on personal knowledge, attached documentary exhibits (Wimbledon Fin. Master Fund, Ltd. v Bergstein, 147 A.D.3d 644 [1st Dept 2017]).

Nevertheless, on the merits, the court should not have granted a preliminary injunction, because...

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