Majority
p. 494William Oppenheim and Meyer Vessel, Respondents, v. Aristides Thanasoulis, Appellant. First Department, January 24, 1908.
Headnote
Injunction — permanent injunction before trial.On .a motion for an injunction pendente lité, the court has no power to grant an injunction Which by its terms -is permanent.
Appeal by the, defendant, Aristides Thanasoiilis, froía an order of the Supreme Court, made at the Yew York Special Term and entered iii the office of the clerk of the county of Yew York on the 16th day of October, 1907,. granting an- injunction restraining the defendant and his servants from interfering with the plaintiffs’ performance of their work in the erection of a.chimney upon certain premises. • ' '
James A. Allen, for the appellant.
J. J. Pantell, for the respondents.
The injunction -order appealed from must be reversed, because it . grants the relief demanded in the complaint upon motion and prior to the tidal of the action. It is not an injunction pendente Ute\ but by its terms is permanent. The court has no power' to make such ail order in advance of the trial,
The-order appealed from is reversed, with ten dollars -costs and disbursements, and .the motion denied,' with ten dollars.-costs*.
Present —‘Pattebsox, P. j., Ingbaham, Claeke, Houghton and .Scott, JJ.
Order reversed, with ten dollars -costs and disbursements,- and motion denied, with ten dollars costs.