City of Yonkers v. Federal Sugar Refining Co.
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 13, 1911, which modified and affirmed as modified an order of Special Term confirming the report of a referee appointed to assess the damages sustained by-defendant by reason of an injunction pendente lite. The facts, so far as material, are stated in the opinion.
Read the full summary
Cross-appeals from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 13, 1911, which modified and affirmed as modified an order of Special Term confirming the report of a referee appointed to assess the damages sustained by-defendant by reason of an injunction pendente lite. The facts, so far as material, are stated in the opinion. The defendant is not entitled to damages claimed to have been sustained by it for the period that the temporary injunction was in force. (Code Civ. Pro. § 620; Edmison v. Sioux Falls Water Co., 73 17. W. Rep.…
1Opinion of the CourtCardozo, J.
In August, 1907, the city of Yonkers began an action against the Federal Sugar Refining Company to enjoin a public nuisance. It sued in behalf of the people of the city, whose comfort and property were affected by the use of soft coal in the furnaces of the defendant’s factory. On August 27, 1907, there was served an order to show cause why an injunction should not be granted during the pendency of the action. On the return day, August 29, the defendant made default, and the injunction issued. The injunction order was served on September 4, but the plaintiff consented that its effect should…
2Cases cited8 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Meyers v. BlockSupreme Court of the United States · 1887
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Lawton v. . GreenNew York Court of Appeals · 1876
- Mark v. . HyattNew York Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- In Re Spencer Kellogg & Sons, Inc.Court of Appeals for the Second Circuit · 1931
- Truk Away of Rhode Island, Inc. v. MacEra Bros. of Cranston, Inc.Supreme Court of Rhode Island · 1994
- Miller Surfacing Co. v. BridgersCourt of Appeals of Texas · 1924
39 more not listed; retrieve them via the Exa API.