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PILIPIAK v. KEYES

286 A.D.2d 231 (2001)

729 N.Y.S.2d 99

WALTER J. PILIPIAK et al., Appellants, v. BRUCE R. KEYES et al., Respondents.

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

Decided August 9, 2001.

We find that it was an improvident exercise of discretion by the IAS court to deny plaintiffs injunctive relief. Where a corporation has no statutory authority to act, it will be enjoined from acting unlawfully regardless of the balance of factors enumerated under the standard test for injunctive relief (Donovan v Rothman, 253 A.D.2d 627). Pursuant to Business Corporation Law § 721, captioned "Nonexclusivity of statutory provisions...

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