Tonawanda Board & Paper Co. v. City of Tonawanda
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, City of Tona wanda, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of August; 1921, denying defendant’s motion for an order vacating a temporary injunction order enjoining and restraining the defendant from cutting off the water and service thereof from the plaintiff and taking or removing the water mains and pipes then installed for service in conveying…
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Appeal by the defendant, City of Tona wanda, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of August; 1921, denying defendant’s motion for an order vacating a temporary injunction order enjoining and restraining the defendant from cutting off the water and service thereof from the plaintiff and taking or removing the water mains and pipes then installed for service in conveying water to the property of the plaintiff and from violating or abrogating an agreement between the defendant and the…
1Opinion of the Court
Davis, J.:
The granting of the order of injunction pendente lite and the denial of a motion to vacate it were, to a large extent, discretionary. Particularly is this true where it is sought to abrogate a contract in effect for eighteen years. The questions of fact are too important to decide on the affidavits, pleadings and exhibits presented at Special Term, for the legal questions will turn largely on fundamental facts now in dispute. No sufficient reason is, therefore, presented in the moving papers of the defendant why we should overrule that discretion.
Lest it be thought that we have…
2Cases cited14 opinions
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- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
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- Pavilion Natural Gas Co. v. HurstNew York Supreme Court · 1924
- Village of St. Johnsville v. New York Central RailroadNew York Supreme Court · 1955
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