Seeking a temporary injunction.

Practice point: A motion for a temporary injunction opens the record and gives the court authority to pass upon the sufficiency of the underlying pleading.

Student note: However, this power does not extend to an evaluation of conflicting evidence, and so the motion court may not, on its own initiative, convert a motion for a preliminary injunction into one for summary judgment without giving adequate notice to the parties and affording them an opportunity to lay bare their proof.

Case: Grand Aerie of Fraternal Order of Eagles v. Mostrando, NY Slip Op 03139 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Mechanic’s liens.