Brooklyn Consolidated Lumber Corp. v. City Plastering Co.

Order modified by striking therefrom the last paragraph, which directs a reference to assess damages, and as thus modified affirmed, without costs, without prejudice to the prosecution of an action by defendant City Plastering Co., Inc., if it be so advised, to enforce its common-law rights, if any. The order granting the injunction contained no provision for an undertaking. The right to assess damages on a reference under section 894 of the Civil Practice Act arises only when an undertaking has been required as a condition to the granting of injunctive relief, and then such an assessment may…