Perlman v. Bernstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob W. Hammer, 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 26th day of February, 1903, denying said defendant’s motion for an order of reference to ascertain the damages sustained by him by reason of an injunction order theretofore obtained in the action.
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Appeal by the defendant, Jacob W. Hammer, 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 26th day of February, 1903, denying said defendant’s motion for an order of reference to ascertain the damages sustained by him by reason of an injunction order theretofore obtained in the action. The action was brought against the defendants Hammer and Bernstein to cancel a lease of a store and to enjoin them from using it as a drug store or pharmacy. The plaintiff obtained a preliminary injunction against the…
1Opinion of the Court
O’Brien, J.:
The question before the court upon the motion was whether the defendant Hammer was entitled to recover the damages which he may have sustained by reason of the preliminary injunction. This depends upon whether or not the plaintiff was entitled to that injunction; and this latter turns upon whether the discontinuance of the action upon the request of the plaintiff and against the objection of the defendant was a determination that he was not entitled to it. The Special Term thought that the discontinuance of the action under the circumstances shown was not a determination that the…
2Cases cited3 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Wynkoop v. Van BeurenNew York Supreme Court · 1892
- Manning v. CassidyNew York Supreme Court · 1894
3Cited by7 opinions
- St. Joseph & Elkhart Power Co. v. GrahamIndiana Supreme Court · 1905
- Hathorn v. Natural Carbonic Gas Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Perlman v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1904
- McGown v. BarnumNew York Supreme Court · 1904
- Sargent v. St. Mary's Orphan Boys' AsylumAppellate Division of the Supreme Court of the State of New York · 1906
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