Majority
p. 770The Consolidated Gas Company, Resp’t, v. The Mayor, etc., of New York, App’lt. (Supreme Court, General Term, First Department, Filed February 18, 1892.)
Headnote
Injunction—Continuance.■ Where a sufficient time has elapsed since the granting of a preliminary injunction within which the case could have been reached for trial and disposed of on the merits, an appellate court will not disturb an order' continuing the injunction.
Appeal from an order continuing a preliminary injunction restraining the defendants from erecting a pier and approaches-thereto at the foot of West Forty-first street, Rorth river.
G. A. Blandy, for app’lt; H. H. Anderson, for resp’t.
Since the preliminary order to show cause,, which included an injunction, was granted, sufficient time has-elapsed within which this case could have been reached for trial and disposed of upon the merits.
Under these circumstances, we do not feel called upon to interfere with the disposition made of the motion continuing the injunction until the trial of the action, and to dispose of the questions presented on affidavits.
The order should be affirmed, with ten dollars costs and disbursements.
Van Brunt, P. J., O’Brien and Lawrence, JJ., concur.