Margolies v. Encounter, Inc.

Order, Supreme Court, New York County, entered on

November 18, 1976, affirmed, without costs and without disbursements, for the reasons stated by Spiegel, J., at Special Term. We add only that the following cases, read seriatim, support a conclusion that, the action having been discontinued on consent because the necessity for injunction had become academic, the final determination contemplated by the undertaking never came about. (See Williams v Montgomery, 148 NY 519; Freifeld v Sire, 96 App Div 296; Perlman v Bernstein, 83 App Div 203; Palmer v Foley, 71 NY 106.) Concur—Markewich, J. P.,…