City of Utica v. Hanna

Cardozo, Ch. J.

Plaintiff, a municipal corporation, brought an action to restrain defendant from erecting or operating a gasoline station on land bordering upon a city street. A temporary injunction was granted without security or condition. A trial followed, and ended in a judgment dismissing the complaint. Plaintiff moved for a stay of the construction of the station during the pendency of an appeal. The motion was granted “ on the express condition that the plaintiff pay to the defendant all damages sustained by reason thereof and by-reason of the order made herein restraining the…