Kobbe Co. v. City of New York — 122 A.D. 755

Majority

p. 755

The Kobbe Company, Appellant, v. The City of New York, Respondent.

First Department,

December 6,1907.

Headnote

See head note in City of New York v. Wineburgh Advertising Co. (ante, p. 748).

Appeal by the plaintiff, The Kobbe Company, from certain parts of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 15th day of August, 1997, denying the plaintiffs

p. 756

motion for an injunction pendente lite restraining the defendant from interfering with the construction by the plaintiff of an electric sign upon the roof of certain premises in the city of New York and granting the defendant’s motion that the plaintiff be restrained from erecting said sign.

Myer Nussbaum, for the appellant.

Theodore Connoly, for the respondent. -

This appeal presents substantially the same questions which are presented by the appeal in City of New York v. Wineburgh Advertising Co. ( 122 App. Div. 748 ), decided herewith, and the same considerations which require the affirmance of the order in that case call for the affirmance of the order appealed from in this. The plaintiff filed with the department of buildings plans and specifications providing for the erection of a “ sky sign ” nine feet high and received a permit from the superintendent of buildings for the erection of such a.sign. It has proceeded to erect a sign about twenty-seven feet high. For such a sign it has filed no plans and received no permit.

The order must be affirmed, with ten dollars costs and disbursements.

Patterson, P. J., Ingraham and Lambert, JJ., concurred; Clarke, J., concurred in result.

Order affirmed, with ten dollars costs and disbursements.