Maltz v. Westchester County Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Westchester County Brewing Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of January, 1915, modifying the report of a referee appointed to ascertain the damages sustained by reason of an injunction.
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Appeal by the defendant, Westchester County Brewing Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of January, 1915, modifying the report of a referee appointed to ascertain the damages sustained by reason of an injunction. Plaintiffs were in occupation of a saloon at No. 139 Mount Vernon avenue, in Mount Vernon, N. T. They alleged that having an agreement with the landlord for a further period of five years, at the plaintiffs’ request he had made a lease to one Schwartz in…
1Opinion of the Court
Putnam, J.:
It seems clear that the trial and defendant’s resulting appeal therefrom did not essentially involve the issue whether or not plaintiffs should have the injunction, since no permanent injunction was granted, or had been prayed for in the complaint. The injunction was sought merely as incidental relief, so as to retain possession of the saloon pending the judgment. The judgment for plaintiffs merged in it this preliminary injunction. Thereafter the judgment itself, and not any provisional or collateral remedy, entitled plaintiffs to possession and excluded any interference by…
2Cases cited8 opinions
- Littleton v. BurgessWyoming Supreme Court · 1907
- Hovey v. . the Rubber-Tip Pencil Co.New York Court of Appeals · 1872
- Randall v. . CarpenterNew York Court of Appeals · 1882
- Disbrow v. . GarciaNew York Court of Appeals · 1873
- Granulator Soap Co. v. HaddowAppellate Division of the Supreme Court of the State of New York · 1913
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3Cited by3 opinions
- Cross Properties, Inc. v. Brook Realty Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Eisen v. PostNew York Supreme Court · 1958
- Matter of Bison El. Serv., Inc. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2021