A. H. Woods Theatre Co. v. Gilchrist
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, A. H. Woods Theatre Company, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of January, 1922, denying plaintiff’s motion for reargument of motion for injunction pendente lite.
1Opinion of the Court
Smith, J.:
This was a motion for reargument of a motion for a temporary injunction enjoining the commissioner of licenses from revoking the license of the Eltinge Theatre. (See Woods Theatre Co., Inc., v. Gilchrist, 200 App. Div. 128.) The motion was made upon the ground that, since the entry of the order, prosecutions have been attempted under section 1140a of the Penal Law, and the charge was dismissed by the grand jury. As I view the law, this cannot alter the determination made, and the appeal should be dismissed, with ten dollars costs and disbursements.
Clarke, P. J., Laughlin, Merrell…
2Cases cited1 opinion
- A. H. Woods Theatre Co. v. GilchristAppellate Division of the Supreme Court of the State of New York · 1922