James v. Gottlieb

Order, Supreme Court, New York County (Williams, J.), entered April 7, 1981, granting plaintiff’s motion for a preliminary injunction and requiring the plaintiff to be restored to a certain apartment, is unanimously modified, on the law and the facts, and in the exercise of discretion, to the extent of reversing the grant of a preliminary injunction, and plaintiff’s motion for a preliminary injunction is denied, and the order is otherwise affirmed, without costs. The action being for money damages for wrongful eviction, a preliminary injunction may not be granted under CPLR 6301. A claim for…