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Improved Property Holding Co. v. Wexler

131 A.D. 893 Court N.Y. App. Div. English

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Majority

p. 893
Improved Property Holding Company of New York, Respondent, v. Bernhard Wexler, Appellant.

Headnote

Appeal from an order, entered in the Hew York county clerk’s office on the 18th day of February, 1909, granting plaintiff’s motion for an injunction pendente lite.

We do nob think that upon the covenant and the facts presented there was a case for a preliminary injunction. Without intimating an opinion as to what disposition the court should make upon the trial, we think the order appealed from should be reversed, with ten dollars costs and disbursements, and the motion for a preliminary in j unction denied, with ten dollars costs. Present —Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied.