Whitmier & Ferris Co. v. New York State Thruway Authority

The plaintiff obtained an order requiring the defendant to show cause at a Special Term of this court, why an order should not be made enjoining the defendant pendente lite from interfering with the property of the plaintiff and specifically from ‘ ‘ tearing down, demolishing and mutilating structures which are owned by plaintiff and which are upon property owned or leased by the plaintiff.” The show cause *920order granted the restraint sought pending the argument of the motion.

On the return of the motion, defendant New York State Thruway Authority (hereinafter referred to as the Authority)…