ROURKE DEVELOPERS, INC. v. COTTRELL-HAJECK INC.


285 A.D.2d 805 (2001)

727 N.Y.S.2d 667

ROURKE DEVELOPERS, INC., Respondent, v. COTTRELL-HAJECK INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 12, 2001.


Cardona, P. J.

This is an action for a permanent injunction brought by plaintiff, a residential subdivision developer, seeking to restrain defendant, a contractor, from interfering with the closings of certain parcels by withholding partial releases from a filed confession of judgment securing defendant's payment for infrastructure improvements. A preliminary injunction to that effect was granted by Supreme Court. Defendant argues, in this appeal, that the grant of...

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