Hagan v. McAdoo
Appellate Division of the Supreme Court of the State of New York
- Appeal by the plaintiff Thomas A. Hagan, from an order of the' Supreme Court, made at the-Kings County. Special Term and entered in the office of the clerk of the county of Kings On the 23d; day of February,. 1906, denying the plaintiff’s motion to continue pendente lite a preliminary injunction theretofore granted restraining the defendant police- officials-from maintaining, policemen or police officers witlnn the premises Occupied by the plaintiff as' Iris place of…
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- Appeal by the plaintiff Thomas A. Hagan, from an order of the' Supreme Court, made at the-Kings County. Special Term and entered in the office of the clerk of the county of Kings On the 23d; day of February,. 1906, denying the plaintiff’s motion to continue pendente lite a preliminary injunction theretofore granted restraining the defendant police- officials-from maintaining, policemen or police officers witlnn the premises Occupied by the plaintiff as' Iris place of business, and vacating the said preliminary injunction.
1Opinion of the Court
Gaynor, J.:
The material facts in this case are not in dispute. The plaintiff is engaged in business in.Manhattan borough as a dealer in notions. He occupies the second floor as lessee, and there is a liquor saloon on the first. The complaint alleges a continuous malicious and oppressive trespass by the defendants, who are the police commissioner and two police captains of the city of Hew York, upon his said premises and-interruption of.his said business, and irreparable damage therefrom, for which an action for damages would nqt be an adequate remedy. From day to day for about five weeks…
2Cases cited3 opinions
- Delaney v. . FloodNew York Court of Appeals · 1906
- Burns v. McAdooAppellate Division of the Supreme Court of the State of New York · 1906
- Hale v. BurnsAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Kent v. City of ChicagoAppellate Court of Illinois · 1939
- Olms v. BinghamAppellate Division of the Supreme Court of the State of New York · 1907