Hyperlawhypertext legal database 117 East 24th Street Associates v. Karr 90 A.D.2d 747

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117 East 24th Street Associates v. Karr

90 A.D.2d 747 Court N.Y. App. Div. Decision date 1982-11-23 English

Decision Majority · Concurring — Silverman, J., concurs in a memorandum as follows:

Contents
p. 747
117 East 24th Street Associates, Appellant, v Steven Karr et al., Respondents.

Order, Supreme Court, New York County (Ascione, J.), entered on February 16,1982, unanimously affirmed for the reasons stated by Ascione, J., at Special Term. Respondents shall recover of appellant $75 costs and disbursements of this appeal. Concur — Sandler, J. P., Carro and Asch, JJ.

I concur for affirmance solely on the ground that the action appears to be one for money damages only, and that in such an action a preliminary injunction may not be granted. (CPLR 6301; cf. 7A Weinstein-Korn-Miller, NY Civ Prac, par 6301.10.)