Ginsburg v. F. W. Woolworth Co.

Our settled practice on appeals from orders has been not to review the discretion exercised by the court at Special Term in granting or in withholding an injunction pendente lite. (Duryea v. Auerbach, 164 App. Div. 44; Smith v. Smith, 170 id. 950.) No exceptional case to call for a departure from this rule has been made out. Order affirmed, but without passing on the merits, with ten dollars costs and disbursements. Thomas, Stapleton, Rich and Putnam, JJ., concurred.