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Chadburn v. Pine Crest Co.

122 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1910-05-06 English

Delivered by RICH, J.

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p. 1124
CHADBURN v. PINE CREST CO. et al.
(Supreme Court, Appellate Division, Second Department.
May 6, 1910.)

Headnote

Appeal from Special Term, Westchester County. Action by Hattie T. Chadburn against the Pine Crest Company and another. From an order granting an injunction pendente lite, defendants appeal.
Affirmed.
George Boochever, for appellants.
F. X. Donoghue, for respondent.

This appeal is from an order granting an injunction pendente lite. The action is brought to restrain and enjoin the defendants from conveying, using, or permitting to be used designated parcels of land under water for any purpose other than boat and clubhouse sites. We think that the record presents a case in which the rights of the parties cannot be determined, except upon a trial of the issues involved. The defendants cannot be prejudiced to any appreciable extent by the order, which preserves the rights of all parties until a full hearing can be had. Order affirmed, with $10 costs and disbursements. All concur.