Mills Novelty Co. v. Sunderman
Cases that cite this one
21 later published cases cite this decision.
- Quinn v. Aetna Life & Casualty Co. (District Court, E.D. New York 1979)
- Snap 'N' Pops, Inc. v. Dillon (Appellate Division of the Supreme Court of New York 1979)
- John Conte v. Thomas H. Roberts (R.I. 1937)
- Baris Shoe Co. v. Town of Oyster Bay (Appellate Division of the Supreme Court of New York 1996)
- Bisca v. Bisca (New York Supreme Court 1981)
- Henry Modell & Co. v. Regency-Lexington Partners (Appellate Division of the Supreme Court of New York 1978)
- Playtogs Factory Outlet, Inc. v. County of Orange (Appellate Division of the Supreme Court of New York 1976)
- Toomey v. Neenan (New York Supreme Court 1969)
- Commander Oil Corp. v. Town of Oyster Bay (New York Supreme Court 1964)
- De Veau v. Braisted (Appellate Division of the Supreme Court of New York 1958)
- Eisenberg v. Kennedy (New York Supreme Court 1957)
- Gilbert v. Village of Larchmont (Appellate Division of the Supreme Court of New York 1952)
- Sunshine Book Co. v. McCaffrey (New York Supreme Court 1952)
- Erickson v. Hogan (New York Supreme Court 1950)
- Brandenburg v. Court of General Sessions of New York County (New York Supreme Court 1947)
- Mangels v. Incorporated Village of Rockville Centre (Appellate Division of the Supreme Court of New York 1946)
- Greene v. Britt (New York Supreme Court 1944)
- Savoy Vending Co. v. Valentine (New York Supreme Court 1942)
- New York Foreign Trade Zone Operators, Inc. v. State Liquor Authority (N.Y. 1941)
- In re B. Turecamo Contracting Co. (Appellate Division of the Supreme Court of New York 1940)
- Reed v. Littleton (N.Y. 1937)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The action was brought to enjoin the defendants “ from in any wise preventing or interfering with the removal, shipping or transporting from this state by plaintiff ” of certain property described in the complaint as “ coin-operated automatic merchandise vending machines.” The essential allegations of the complaint are that plaintiff on and prior to May 3, 1934, was and now is the owner, lawfully entitled to the possession of the machines; that they were stored in a warehouse in New York city; that by various acts, the police between May 3 and May 9,1934, prevented delivery thereof to plaintiff; that on May 9 and May 10, 1934, the machines, valued in excess of $19,000, were seized by the police; that the defendants have refused and continue to refuse to deliver them tojplaintiff; that the seizure was legally unwarranted, and that plaintiff has no adequate remedy at law.
An injunction pendente lite was granted at Special Term and sustained by the Appellate Division, restraining the defendants as prayed for in the complaint. The case is here upon certified questions.
*36 We think the complaint is insufficient to state a cause of action for an injunction. No facts are pleaded tending to show an irreparable injury, actual or threatened; or that plaintiff is without an adequate remedy at law. On the contrary, the allegations disclose merely a dispute about a possessory right in specific chattels, which could be readily and adequately settled by an action in replevin or for a conversion. (Cf. Young v. Sunderman, 263 N. Y. 623.)
A court of equity, even where property interests are incidentally affected, will not ordinarily interfere with criminal processes, unless there would be irreparable injury and the sole question involved is one of law. (Delaney v. Flood, 183 N. Y. 323.) Neither condition is present here. If the order appealed from were to stand, there would be nothing left to try. (Yome v. Gorman, 242 N. Y. 395, 401.) Instead of preserving the status quo, the order definitively destroys it.
The order appealed from should be reversed, with costs, and the motion should be denied, with ten dollars costs of motion. Question No. 1 should be answered in the negative; question No. 2 in the affirmative; other questions unanswered as unnecessary to a decision.
Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Loughran, JJ., concur.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.