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LAMOUREE v. EWART

2012-09958, Index No. 37692/07.

124 A.D.3d 602 (2015)

997 N.Y.S.2d 912

MARGARET LAMOUREE et al., Individually and as Executors of JAMES L. EWART, JR., Deceased, Respondents, v. JAMES L. EWART III, Appellant, et al., Defendant.

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

Decided January 14, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the motion of the defendant James L. Ewart III, which was to vacate the subject preliminary injunction. Ewart failed to allege facts showing compelling or changed circumstances that would render continuation of the injunction inequitable (see Thompson v 76 Corp., 54 A.D.3d 844<...

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