Boston & Maine Railroad v. Delaware & Hudson Co.

Crapser, J. (dissenting).

The action is brought to obtain an injunction permanently restraining the defendant (a) from further prosecuting, or procuring or suffering to be further prosecuted, the action which defendant had brought for the dissolution of the so-called The Mechanicville and Fort Edward Railroad Company, which dissolution action was considered by this court in the equity suit of Boston & Maine R. R. v. Delaware & Hudson (238 App. Div. 191), decided in May, 1933; and (b) from commencing or prosecuting, or procuring or suffering to be prosecuted, any action at law, suit in equity…