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542 HOLDING CORP. v. PRINCE FASHIONS, INC.

57 A.D.3d 414 (2008)

871 N.Y.S.2d 23

542 HOLDING CORP., Respondent, v. PRINCE FASHIONS, INC., et al., Appellants, et al., Defendants. PRINCE FASHIONS, INC., Appellant, v. 542 HOLDING CORP., Respondent.

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

December 30, 2008.

The co-op demonstrated its entitlement to a preliminary injunction to preserve the property pending disposition of the ejectment action (see Olympic Tower Condominium v Cocoziello, 306 A.D.2d 159 [2003]). Contrary to Prince's contention, there was ample evidence that it was using the unventilated basement space for spray-painting furniture, that fumes therefrom permeated the building, causing discomfort to the residents, and that...

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