Incorporated Village of Brookville v. Paulgene Realty Corp.

In an action to enjoin summer activities on certain premises alleged to be in violation of a zoning ordinance, the appeal is from an order granting a motion for an injunction pendente lite. Order affirmed, without costs, and without prejudice to an application to vacate the order if the action be not moved promptly for trial. This determination is based, not on the merits of the controversy, which have not been considered, but on the well-settled principle that, save in exceptional cases, an appellate court will not interfere with the discretion of the Special Term in granting or refusing an…