Woodburn v. Hyatt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cornelius Hyatt, from an order of the Supreme Court, made at. the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 12th day of May, 1898, continuing a preliminary injunction theretofore granted pending the determination of the action.
1Per curiam
The affidavit upon which the injunction order was granted clearly shows that the right thereto is dependent upon the nature of the action. Indeed, the sole purpose of the action is to procure an injunction restraining the defendant from violating the covenant contained in the respective deeds. It is, therefore, an action where the right to an injunction depends upon the nature of the case, and by virtue of the provisions of section 603 of the Code of Civil Procedure, an injunction can only issue where it appears from the complaint that the plaintiff is entitled to a judgment restraining the…
2Cases cited2 opinions
- Cushing v. RuslanderNew York Supreme Court · 1888
- Sanders v. AderAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Mead Johnson & Co. v. Carlton Drug, Inc.New York Supreme Court · 1962