Manhattan Refrigerating Co. v. Fassler

Pécora, J.

Plaintiff makes this motion for an injunction to prevent the defendant, as superintendent of buildings of the borough of Manhattan, from approving plans for the construction of a meat processing plant to be erected by the city for the Cudahy Packing Company and to be leased by it for ten years. The plaintiff owns a refrigerating plant in the near vicinity. The grounds of the injunction are, first, that Gansevoort Market is by law restricted against the proposed use; and second, that plaintiff has a property interest by way of franchise in the premises which would be invaded by the…