Legal Opinion
Doe v. Axelrod
New York Court of Appeals
Decided November 22, 1988PublishedCited by 218 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, with costs, by reversing so much of that order as affirmed the Supreme Court order granting plaintiffs a preliminary injunction; the certified question should be answered in the negative.
The decision to grant or deny provisional relief, which requires the court to weigh a variety of factors, is a matter ordinarily committed to the sound discretion of the lower courts. Our power to review such decisions is thus limited to determining whether the lower courts’ discretionary powers were exceeded or, as a…
2Cases cited5 opinions
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Levine v. WhalenNew York Court of Appeals · 1976
- James v. Board of EducationNew York Court of Appeals · 1977
- Chiropractic Ass'n of New York, Inc. v. HilleboeNew York Court of Appeals · 1962
3Cited by218 opinions
- Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
- Destiny USA Holdings, LLC v. Citigroup Global Markets Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- McGrath v. Town Board of Town of North GreenbushAppellate Division of the Supreme Court of the State of New York · 1998
- Ruiz v. MeloneyAppellate Division of the Supreme Court of the State of New York · 2006
- Berkoski v. Board of Trustees of Inc. Village of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2009
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