Shea v. City of Cohoes

Defendant appeals from a preliminary injunction granted in favor of the plaintiff taxpayer. Order affirmed. We do not reach the merits. We leave to a plenary trial the determination of the important ultimate question in the case. (Elishewitz & Sons v. Barry Equity Corp., 280 App. Div. 336, 338, mot. for lv. to app. den. 280 App. Div. 915; Metzger Co. v. Fay, 4 A D 2d 436, 439, mot. for rearg. or lv. to app. den. 4 A D 2d 861.) However, the terms of the injunction are not to apply to any act of the council for or against the express approval of the agreement arising out of the resolution of…