Appellate Division of the Supreme Court of New York, 1930

De Matteis v. McGolrick Realty Co.

De Matteis v. McGolrick Realty Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1930
231 A.D. 745
De Matteis v. McGolrick Realty Co.

Opinion of the Court

Order granting plaintiff’s motion for an injunction pendente reversed upon the law and the facts, with ten dollars costs and disbursements, *746and motion denied, with ten dollars costs, upon the ground that there is a conflict of facts which requires a trial upon which the merits may be determined. In view of this conflict an injunction pendente lite should not have been granted. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

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