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Improved Property Holding Co. v. Wexler

115 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1909-03-26 English

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p. 1126
IMPROVED PROPERTY HOLDING CO. OF NEW YORK v. WEXLER.
(Supreme Court, Appellate Division, First Department.
March 26, 1909.)

Headnote

Appeal from Special Term, New York County. Action by the Improved Property Holding Company of New York against Bernhard Wexler. From an order granting an injunction pendente lite, defendant appealed. Reversed. Nathan Burkan, for appellant. George Hahn, for respondent.

We do not 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 $10 costs and disbursements, and the motion for a preliminary injunction denied, with $10 costs.