O'connor v. New York & Yonkers Land Improvement Co.
New York Court of Common Pleas
Appeal from special term. Action by Thomas O. O’Connor against the New York & Yonkers Land Improvement Company and others to enjoin the sale of an option to buy real estate. The complaint was dismissed on the trial, and a reference was ordered to assess the damages sustained by defendants in consequence of an injunction pendente lite.
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Appeal from special term. Action by Thomas O. O’Connor against the New York & Yonkers Land Improvement Company and others to enjoin the sale of an option to buy real estate. The complaint was dismissed on the trial, and a reference was ordered to assess the damages sustained by defendants in consequence of an injunction pendente lite. On the coming in of the referee’s report assessing the damages at an amount exceeding the amount of the injunction bond it was “ordered that the report of said referee be, and the same is hereby, confirmed, the amount of such damages to be recovered to the…
1Opinion of the CourtBischoff, J.
No error is predicable of the award of the costs and expenses of the reference to assess the damages resulting from the injunction. Lawton v. Green, 64 N. Y. 326, is to the effect that such costs and expenses are not recoverable, except as part of the damages secured by the undertaking given when the injunction order was obtained, but that case was decided with regard to the provisions of the Code of Procedure which was then in force. The Code of Civil Procedure, however, has since expressly provided for their recovery. Section 623 authorizes a reference in proceedings to assess the damages…
2Cases cited3 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Lawton v. . GreenNew York Court of Appeals · 1876
- Roberts v. . WhiteNew York Court of Appeals · 1878
3Cited by9 opinions
- Levantino v. Insurance Co. of North AmericaNew York Supreme Court · 1979
- Brooks v. Racich Asbestos Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Supreme Court · 1906
- Harrison v. Hind & Harrison Plush Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Anderson v. E. de Braekeleer & Co.New York Supreme Court · 1898
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