Armbruster v. Gipp

— Order unanimously reversed, on the law, with costs and motion denied. Memorandum: We are unaware of any authority that would permit the granting of a permanent injunction during the pendency of an action by the simple expedient of obtaining an order to show cause for such injunction, which itself is the relief sought in the underlying action. At most, plaintiffs’ application was for a preliminary injunction which requires a showing that defendant is acting in violation of plaintiffs’ rights, which acts would render the ultimate judgment ineffectual and which, if continued, would produce…