Ziankoski v. Simmons — 140 A.D.2d 1007

Majority

p. 1007

Stanley Ziankoski et al., Respondents, v Michael Simmons et al., Appellants.

Memorandum: The motion for a preliminary injunction should not have been granted because the plaintiffs failed to show that, in the absence of an injunction, they would suffer irreparable injury (see, CPLR 6301). Moreover, Special Term had no power to dispense with the undertaking required by CPLR 6312 (b) (City Store Gates Mfg. Corp. v United Steel Prods., 79 AD2d 671 , 672). Present — Callahan, J. P., Doerr, Green, Balio and Davis, JJ.

Cases cited

City Store Gates Mfg. Corp. v. United Steel Products, Inc. 79 AD2d 671 N.Y. App. Div. 1980-12-22 at 672 p. 1007