Wilson v. Epstein

According to the doctrine of New York Security & Trust Co. v. Lipman, 83 Hun, 569, 32 N. Y. Supp. 65, and the cases therein cited, the present action, so far as the record shows, was prematurely brought. Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event.

SCOTT, J., concurs.

(dissenting). The case of N. Y. Security & Trust Co. v. Lipman, 83 Hun, 569, 32 N. Y. Supp. 65, might apply, did it appear that the action by Mrs. Gordman against Wilson claimed for preventive relief. So far as appears by the record, that action, whatever it may be, is still pending; but. it does not appear that its final outcome will or will not determine the right to preventive relief, or that such relief in that action is sought.