Town of West Seneca v. Smith

Order unanimously reversed, on the law, with costs, and application denied. Memorandum: Special Term should not have entertained plaintiff’s application for an injunction. An injunction may be issued only in a pending action (CPLR 6301; Siegel, NY Prac § 328, at 401). (Appeal from order of Supreme Court, Erie County, Ostrowski, J.— injunction.) Present—Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.