McColgan v. Dodds

Levy, J.:

The plaintiff brought an action to restrain the .defendant from prosecuting certain causes in the Municipal Court and as incidental relief obtained a temporary restraining order upon the filing of a surety company bond in the sum of $250. The application for an injunction was denied, and upon appeal to the Appellate Division the order was affirmed (209 App. Div. 870). Thereafter, upon motion made and granted pursuant to section 894 of the Civil Practice Act the matter was referred to a referee to ascertain and determine the damages suffered by the defendant as a result of such stay.…