Town of Royalton v. Empire Engineering Corp. — 131 N.Y.S. 1147

Majority

p. 1147

TOWN OF ROYALTON, Appellant, v. EMPIRE ENGINEERING CORPORATION, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

November 22, 1911.)

Headnote

Action by the Town of Royal ton against the Empire Engineering Corporation.

Order affirmed, with $10 costs and disbursements. Held that, as matter of law, the temporary injunction was properly denied, because the complaint does not state a cause of action.

McLennan, P. j., and ROBSON, j., concur, upon the further ground that, in any event, the court properly exercised its discretion in the premises.