Legal Opinion

Schmitt v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 22, 2008Published

1Opinion of the Court

In an action, inter alia, to recover damages for wrongful eviction, the defendant appeals, by permission, from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated February 26, 2007, which contained a temporary restraining order directing it, among other things, to immediately restore the plaintiffs to possession of certain real property pending the hearing and determination of the plaintiffs’ motion for a preliminary injunction.

Ordered that the order is reversed, on the law, with costs, and the temporary restraining order is vacated.

The temporary restraining order issued by…

2Cases cited7 opinions

  1. City of New York v. SchmittAppellate Division of the Supreme Court of the State of New York · 2008
  2. United States v. SchmittDistrict Court, E.D. New York · 1998
  3. Visken v. Oriole Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Coby Group, LLC v. HasenfeldAppellate Division of the Supreme Court of the State of New York · 2007
  5. United States v. SchmittCourt of Appeals for the Second Circuit · 2002

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