Legal Opinion

City of New York v. Knickerbocker Trust Co.

New York Supreme Court

Decided June 15, 1903Published

Application for a temporary and mandatory injunction.

1Opinion of the CourtBlanchard, J.

This is an application for a temporary and mandatory injunction in an action brought to require the removal of steps, coping and area forming part of a building in course of construction at the northwest corner of Thirty-fourth street and Fifth avenue. The granting or refusal of a temporary injunction is a matter of discretion with the court. Preliminary injunctions which only prevent the defendant from doing an act which would render the final-judgment ineffectual may be granted with some readiness, but those which in effect determine the litigation and give the same relief which it is…

2Cases cited2 opinions

  1. Bronk v. RileyNew York Supreme Court · 1888
  2. Gerken v. HallAppellate Division of the Supreme Court of the State of New York · 1901

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