Air Terminal Properties v. City of New York

Motion for reargument, etc. The original denial of the motion for a temporary injunction was not upon the merits but was made virtually by consent upon the oral stipulation in open court by the corporation counsel that no poles would be erected in Seventy-seventh street, which was the immediate issue at the time. The superintendent of highways of Queens, in his answering affidavit on this motion, states that the corporation counsel has advised against erecting poles or stakes and he will abide by such advice. It appears, however, that the city authorities now propose to plant trees in this…