Narrative Opinion Summary
The Supreme Court of New York County, under Justice McQuillan, issued an order on May 28, 1982, which reversed the denial of the plaintiff's motion for a preliminary injunction, as well as vacated a temporary restraining order that had been granted on May 10 and continued on May 13, 1982. The court ruled unanimously, stating that the notice to cure would be tolled until 15 days after the final judgment in a related declaratory judgment action. This decision aligns with the prior ruling in Fireworks Adv. v 149 Fifth Ave. Corp., which affirmed the Supreme Court's earlier order allowing the defendant to vacate a judgment from January 29, 1982. The tolling of the notice to cure is intended to maintain the status quo between the parties until the case is resolved on its merits. The decision was concurred by Justices Murphy (P.J.), Sullivan, Ross, Bloom, and Milonas.
Legal Issues Addressed
Maintenance of Status Quo in Legal Proceedingssubscribe to see similar legal issues
Application: By tolling the notice to cure, the court aimed to maintain the status quo between the parties until the case is resolved on its merits.
Reasoning: The tolling of the notice to cure is intended to maintain the status quo between the parties until the case is resolved on its merits.
Preliminary Injunction Standardssubscribe to see similar legal issues
Application: The court reversed the denial of the plaintiff's motion for a preliminary injunction, showing the application of standards for granting injunctions.
Reasoning: The Supreme Court of New York County, under Justice McQuillan, issued an order on May 28, 1982, which reversed the denial of the plaintiff's motion for a preliminary injunction.
Tolling of Notice to Curesubscribe to see similar legal issues
Application: The court's ruling tolled the notice to cure until 15 days after the final judgment in a related declaratory judgment action, illustrating how tolling can be used to maintain the status quo.
Reasoning: The court ruled unanimously, stating that the notice to cure would be tolled until 15 days after the final judgment in a related declaratory judgment action.
Vacating Temporary Restraining Orderssubscribe to see similar legal issues
Application: The court vacated a temporary restraining order previously granted, demonstrating the conditions under which such orders may be vacated.
Reasoning: The Supreme Court of New York County, under Justice McQuillan, issued an order on May 28, 1982, which... vacated a temporary restraining order that had been granted on May 10 and continued on May 13, 1982.