Keating v. Hammerstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Stella H. Keating and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of May,. 1920, granting in part plaintiffs’ motion to continue an injunction pendente lite, denying plaintiffs’ motion for the appointment of a receiver and granting conditionally defendants’ motion to cancel notice of pendency of action, and also from an order entered…
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Appeal by the plaintiffs, Stella H. Keating and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of May,. 1920, granting in part plaintiffs’ motion to continue an injunction pendente lite, denying plaintiffs’ motion for the appointment of a receiver and granting conditionally defendants’ motion to cancel notice of pendency of action, and also from an order entered in said clerk’s office on the 9th day of June, 1920, granting defendants’ motion to modify said first order.
1Opinion of the Court
Dowling, J.:
The original order which is appealed from granted a motion to cancel the lis pendens in this action upon the giving of an undertaking by the defendant Emma Swift Hammerstein in the sum of $20,000, and the order as modified reduced the amount thereof to $10,000. This action is brought in equity and the relief demanded is as follows:
First. That the damages sustained by the plaintiffs by reason of the acts of Oscar Hammerstein and the defendants Hammerstein Opera Company, Arthur Hammerstein, Emma Swift Hammerstein and Lyle D. Andrews be ascertained.
Second. That the said last three…
2Cases cited3 opinions
- Beman v. . ToddNew York Court of Appeals · 1891
- M. Lindheim & Co. v. Central National Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- J. Henry Small Realty Co. v. StraussAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by8 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Polk v. SchwartzNew Jersey Superior Court Appellate Division · 1979
- American Motor Club, Inc. v. Neu (In Re American Motor Club, Inc.)United States Bankruptcy Court, E.D. New York · 1990
- Siegel v. SilverstoneAppellate Division of the Supreme Court of the State of New York · 1937
- Roedel v. RoedelNew York Supreme Court · 1956
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