Lawrence v. Weber — 122 N.Y.S. 1134

Majority

p. 1134

LAWRENCE v. WEBER et al.

(Supreme Court, Appellate Division, First Department.

March 24, 1910.)

Headnote

Appeal from Special Term, New York County. Action by Walter N. Lawrence against Joseph M. Weber and others. From' an order of the Special Term ( 120 N. Y. Supp. 289 ) continuing an injunction pendente lite, defendants appeal.

Modified and affirmed.

Morgan J. O’Brien, for appellants.

Albert P. Massey, for respondent.

While the moving papers suggest that unreasonably large salaries and expenses may have been charged against the defendant corporation (a question upon which we express no opinion), no justification appears for forbidding the payment of any salaries and expenses. On this subject the order goes much further than the former order which the plaintiff entered upon default. The latter order went as far, in our opinion, as any view of the facts would justify. The restraining clauses of the order appealed from will therefore be modified, so as to conform to the like clauses contained in the order of December 21, 1909, excepting that clause numbered 8 will not be included in the modified order. The order appealed from, as so modified, will be affirmed, without costs to either party in this court. Settle order on notice.