Mangels v. Incorporated Village of Rockville Centre
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a declaratory judgment that a zoning ordinance as it affects plaintiff is void, to restrain his prosecution for alleged violation of the ordinance, etc., order restraining defendant from proceeding in an action in the local police court, pendente lite, reversed, with $10 costs and disbursements, and the motion denied, without costs. A court of equity may restrain the prosecution of a criminal action in an exceptional case where irreparable injury may result, where the application presents only a question of law, and where a clear legal right to the relief is established.…
2Cases cited1 opinion
- Mills Novelty Co. v. SundermanNew York Court of Appeals · 1934
3Cited by1 opinion
- Commander Oil Corp. v. Town of Oyster BayNew York Supreme Court · 1964