Weiss v. Herlihy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Weiss, from an order of the . Supreme Court, made at the Hew York Special Term ¡and entered , in the-office of the-clerk of the county of Hew York'on the 15th day of Hovember, 1891, denying the plaintiff’s motion for an injunctionlite. ¡
1DissentBarrett, J.
The plaintiff is the proprietor of a small restaurant at 3STo. 34 Second avenue in this city. He seeks in this action an injunction to restrain the defendant, who is the police captain of the fourteenth police precinct, from stationing police officers permanently within his premises. These officers enter the plaintiff’s restaurant every day at one o’clock f. m. and remain there all day and all night, with the exception of one hour, which they allow themselves for dinner elsewhere. They neither eat nor drink in the plaintiff’s premises. They simply sit down there, avowedly for the purpose of…
2Cases cited5 opinions
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Carpenter v. GwynnNew York Supreme Court · 1861
- Kenny v. MartinThe Superior Court of New York City · 1895