Schwartz v. P. & G. Restaurant, Inc.

Motion to continue injunction denied. The moving papers are defective and insufficient. No complaint was served showing the .nature of the action; as the application for the injunction obtained was made under section 878 of the Civil Practice Act, no complaint was required to accompany the motion papers (New York & N. J. Tel. Co. v. Rosenthal, 128 App. Div. 220); nonetheless, the moving papers must disclose a cause of action showing plaintiff to be entitled to ultimate equitable relief, in aid of which an injunction pendente lite is requisite.

The motion is predicated, basically, on the…