Brockway v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emma B. Miller, 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 January, 1911, denying a motion to vacate an order granting an injunction pendente lite.
1Opinion of the Court
Burr, J.:
An injunction order may be issued in the following cases: (a) Where it appears from the complaint that the plaintiff demands and is entitled to a judgment against the defendant restraining the commission or continuance of an act the commission or continuance of which during the pendency of the action would produce injury to the plaintiff. (Code Civ. Proc. § 603); (b) in an action where it appears by affidavit that the ' Li defendant during the pendency of the action is doing or pro*240curing or suffering to be done, or threatens or is about to do or to procure or suffejr to be done, an…
2Cases cited2 opinions
- In re DietzAppellate Division of the Supreme Court of the State of New York · 1910
- Meyer v. MoressAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Eastern Rock Products, Inc. v. NatansonAppellate Division of the Supreme Court of the State of New York · 1933
- Burdi v. GiordanoAppellate Division of the Supreme Court of the State of New York · 1913
- In re WoodsNew York Supreme Court · 1914