Glascoe v. Willard

This is an application to continue an injunction pendente lite restraining the defendant from using a cut or opening, which it is alleged she caused to be made in the west basement hall of the demised building, without the permission of the plaintiffs, the landlords thereof. Since the right to the injunction depends upon the nature of the action, the facts entitling the plaintiffs to it must be averred in the complaint. McHenry v. Jewett, 90 N. Y. 58. The complaint in the action merely alleges “that unless this defendant is restrained great and irreparable damages will be sustained by the…