Nagy v. Wood

— Order, Supreme Court, New York County (Martin Evans, J.), entered December 3, 1982 denying defendant-appellant’s (hereinafter defendant) motion for modification of Special Term’s order of May 11,1981, and for an assessment of damages pursuant to CPLR 6212 (subd [e]) is unanimously modified, on the law and the facts, and in the exercise of discretion, to the extent that so much of the order as determines that appellant Wood may not recover his costs and damages under CPLR 6212 (subd [e]) in the present action but must institute a plenary action for damages, is reversed; the injunction…