Lundy v. City of New York

Judgment dismissing the complaint reversed upon the law and the facts, and a new trial granted, costs to abide the event. The proof established that at the commencement of the action plaintiff had a cause of action in equity for a continuing trespass, and although the trial court properly decided that injunctive relief should be denied it should have retained jurisdiction to adapt the relief to the exigencies of the case by awarding such damages as may have been legally established. (Hubbell v. Henrickson, 175 N. Y. 175, 180; Sadlier v. City of New York, 185 id. 408; Olsen v. U. S. Fidelity &…