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ZIANKOSKI v. SIMMONS

Appellate Division of the Supreme Court of New York, Fourth Department.
May 27, 1988

Motion to vacate preliminary injunction granted. 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 A.D.2d 671, 672).