General

Donald F. Grasso, Respondent, v. August Gerke, Appellant. (Action No. 1.); August Gerke, Petitioner, v. William Del Hagen, Doing Business as Del Hagens of Westchester, Respondent. (Action No. 2.)

51 A.D.2d 722·New York Supreme Court, Appellate Division·1976·NY

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Opinion

Donald F. Grasso, Respondent, v August Gerke, Appellant. (Action No. 1.) August Gerke, Petitioner, v William Del Hagen, Doing Business as Del Hagens of Westchester, Respondent. (Action No. 2.) [MAJORITY] Appeal by defendant from an order of the Supreme Court, Westchester County, entered March 19, 1975, which granted that branch of plaintiff’s motion which sought a preliminary injunction, inter alia to enjoin defendant from enforcing the judgment in Action No. 2 pending determination of the plenary action herein. Order affirmed, with $50 costs and disbursements. Under the circumstances of this case it cannot be said that Special Term abused its discretion. Hopkins, Acting P. J., Latham, Christ, Titone and Hawkins, JJ., concur.