Wickham v. Champlain Creameries, Inc.

The above-entitled action for an injunction was instituted first. A motion therein for a temporary injunction was returnable at Special Term on August 23, 1963 and adjourned to September 13, 1963. On that date, the above-entitled proceeding under article 78 of the Civil Practice Law and Rules was returnable, having been instituted after the adjournment of the motion for a temporary injunction returnable August 23, 1963.

Precisely the same issues exist in both the action and the article 78 proceeding. The answer in the action by denials and affirmative defenses raises all of the issues…