Legal Opinion

Aetna Insurance v. Capasso

New York Court of Appeals

Decided February 22, 1990PublishedCited by 240 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, First Department, should be affirmed and the question certified, "Was the order of the Supreme Court, as affirmed by this Court, properly made?”, should be answered in the affirmative. The sole issue presented for our review is whether the trial court, as affirmed "on the law” by the Appellate Division, abused its discretion as a matter of law in denying plaintiffs’ request for a preliminary injunction (see, CPLR 6301; cf., CPLR art 62 [attachment]). We find no such abuse here.

The trial court properly noted that in order to…

2Cases cited3 opinions

  1. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  2. James v. Board of EducationNew York Court of Appeals · 1977
  3. 490 Ocean Associates v. AbramsNew York Court of Appeals · 1988

3Cited by240 opinions

  1. Koob v. IDS Financial Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. McGrath v. Town Board of Town of North GreenbushAppellate Division of the Supreme Court of the State of New York · 1998
  3. Uniformed Firefighters Ass'n of Greater New York v. City of New YorkNew York Court of Appeals · 1992
  4. Blueberries Gourmet, Inc. v. Aris Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Sg Cowen Securities Corporation v. Robert W. MessihCourt of Appeals for the Second Circuit · 2000

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