December 20, 1985
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Doerr, J.P., Boomer, Green, O'Donnell and Schnepp, JJ.
Order unanimously reversed, on the law, with costs, and application denied. Memorandum: Special Term should not have entertained plaintiff's application for an injunction. An injunction may be issued only in a pending action (CPLR 6301; Siegel, N Y Prac § 328, at 401).
Full title:TOWN OF WEST SENECA, Respondent, v. DALE F. SMITH et al., Appellants
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Dec 20, 1985
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