Appellate Division of the Supreme Court of New York, 1908

Oppenheim v. Thanasoulis

Oppenheim v. Thanasoulis
Appellate Division of the Supreme Court of New York · Decided January 24, 1908
123 A.D. 494; 108 N.Y.S. 505; 1908 N.Y. App. Div. LEXIS 95

Counsel

James A. Allen, for the appellant., J. J. Pantell, for the respondents.

Oppenheim v. Thanasoulis

Opinion of the Court

Per Curiam:

The injunction -order appealed from must be reversed, because it . grants the relief demanded in the complaint upon motion and prior to the tidal of the action. It is not an injunction pendente Ute\ but by its terms is permanent. The court has no power' to make such ail order in advance of the trial,

The-order appealed from is reversed, with ten dollars -costs and disbursements, and .the motion denied,' with ten dollars.-costs*.

Present —‘Pattebsox, P. j., Ingbaham, Claeke, Houghton and .Scott, JJ.

Order reversed, with ten dollars -costs and disbursements,- and motion denied, with ten dollars costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.