Appellate Division of the Supreme Court of New York, 1940

Spilke v. Krupp

Spilke v. Krupp
Appellate Division of the Supreme Court of New York · Decided September 25, 1940
260 A.D. 806; 1940 N.Y. App. Div. LEXIS 4735
Spilke v. Krupp

Opinion of the Court

On argument, order granting injunction pendente lite, directing removal of a wall reversed on the law and the facts, without costs, and case directed to be placed on the Special Term Calendar for Trials, Kings County, on September 30, 1940. The situation requires a trial before a direction is made as to the subject-matter. We do not pass upon any question of fact or law or the merits thereof. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur. [See post, p. 807.]

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