Altschul v. Ludwig — 170 A.D. 957

Majority

p. 957

First Department,

October, 1915.

Abraham H. Altschul, Appellant, v. Alfred Ludwig, as Superintendent of Buildings of the Borough of Manhattan, the City of New York, and Others, Respondents.

Headnote

Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 23d day of August, 1915, denying a motion to continue pendente lite a preliminary injunction restraining the superintendent of buildings from approving plans for the alteration of a building used as a theatre.

The order appealed from is reversed, with ten dollars costs and disbursements, and the motion to continue the injunction granted, with ten dollars costs, on the authority of Brill v. Miller ( 140 App. Div. 603 ). Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.