Legal Opinion

Oppenheim v. Thanasoulis

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1908PublishedCited by 6 opinions

Appeal by the, defendant, Aristides Thanasoiilis, froía an order of the Supreme Court, made at the Yew York Special Term and entered iii the office of the clerk of the county of Yew York on the 16th day of October, 1907,. granting an- injunction restraining the defendant and his servants from interfering with the plaintiffs’ performance of their work in the erection of a.chimney upon certain premises. • ' '

1Per curiam

The injunction -order appealed from must be reversed, because it . grants the relief demanded in the complaint upon motion and prior to the tidal of the action. It is not an injunction pendente Ute\ but by its terms is permanent. The court has no power' to make such ail order in advance of the trial,

The-order appealed from is reversed, with ten dollars -costs and disbursements, and .the motion denied,' with ten dollars.-costs*.

Present —‘Pattebsox, P. j., Ingbaham, Claeke, Houghton and .Scott, JJ.

Order reversed, with ten dollars -costs and disbursements,- and motion denied, with ten dollars…

2Cited by6 opinions

  1. Graham v. Board of SupervisorsNew York Supreme Court · 1966
  2. Barzilay v. LoewenthalAppellate Division of the Supreme Court of the State of New York · 1909
  3. Reynolds v. WebberNew York Supreme Court · 1916
  4. Bronx Islamic Socy., Inc. v. AllyAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. Allender Co.New York Supreme Court · 1943

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