Schenck v. Underhill

Kelly, P. J.:

There is no reason, in this case, for departing from the rule frequently announced in this court that we will not interfere with *163the discretion of the Special Term in granting or refusing an injunction pendente lite save in exceptional cases, but that the action should be tried on its merits so that findings of fact and conclusions of law may be formulated before the rights of the parties are passed upon. (Bergen Beach Land Corporation v. City of New York, 192 App. Div. 884.) In the present condition of the equity calendar in Kings county this action, in which issue was joined in…