Happy Age Shops, Inc. v. Matyas

Appeal from an order of the Supreme Court, Kings County (Golden, J.), dated June 24, 1986, which, inter alia, granted the plaintiff’s motion for a preliminary injunction staying the termination of the lease to the store premises located at 1819 Avenue U, Brooklyn.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

At the time the plaintiff moved by order to show cause for a preliminary injunction, there was no action pending against the appellants. It is axiomatic that a preliminary injunction is only available in a pending action (see, CPLR 6301; Town of W.…