Pilato v. Veretta Enterprises, Inc.

— Appeal unanimously dismissed, without costs. Memorandum: Defendant appeals from an order granting plaintiffs’ motion for a preliminary injunction enjoining defendants from selling shoes in its store at the Village Gate Square in Rochester. At oral argument we were informed that the parties have stipulated to terminate the preliminary injunction, but to continue the $5,000 undertaking during the pendency of the action. On this appeal, defendant seeks a ruling whether the preliminary injunction was properly granted for the purpose of determining its right to proceed against the undertaking.…