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Spilke v. Krupp

260 A.D. 806 Court N.Y. App. Div. Decision date 1940-09-25 English

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p. 806
(September 25, 1940.)
Rebecca Spilke, Respondent, v. Henry C. Krupp and “ Isaac Tuchman,” etc., Appellants.

On argument, order granting injunction pendente lite, directing removal of a wall reversed on the law and the facts, without costs, and case directed to be placed on the Special Term Calendar for Trials, Kings County, on September 30, 1940. The situation requires a trial before a direction is made as to the subject-matter. We do not pass upon any question of fact or law or the merits thereof. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur. [See post, p. 807.]