Empire Leasing Co. v. Mecca Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Empire Leasing 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 24th day of February, 1916, denying its motion for an injunction pendente lite restraining defendants from interfering with certain sky signs.
1Opinion of the Court
Dowling, J.:
The question of whether or not the sky sign involved in this litigation was an unlawful structure has twice been passed upon by this court so that it is unnecessary to refer to the facts at length. (See Southern Leasing Co. v. Ludwig, 168 App. Div. 233; People ex rel. Publicity Leasing Co. v. Ludwig, 172 id. 71; affd., 218 N. Y. 540.) The motion for a temporary injunction was denied upon the ground that it was the duty of the superintendent of buildings to prevent its erection and not that of the plaintiff in this action. Inasmuch as the- plaintiff shows that it has sustained…
2Cases cited6 opinions
- People Ex Rel. Publicity Leasing Co. v. . LudwigNew York Court of Appeals · 1916
- People ex rel. Browning v. StoverAppellate Division of the Supreme Court of the State of New York · 1911
- Southern Leasing Co. v. LudwigAppellate Division of the Supreme Court of the State of New York · 1915
- People Ex Rel. Browning, King and Company v. . StoverNew York Court of Appeals · 1911
- Eldert v. Long Island Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
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3Cited by3 opinions
- Bazinsky v. Kesbec, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
- Cohen v. Rosedale Realty Co.New York Supreme Court · 1923
- Roock v. WomerAppellate Division of the Supreme Court of the State of New York · 1931