113 N.Y.S. 905 | N.Y. Sup. Ct. | 1908
This is an application for an injunction pendente lite. The plaintiff is a corporation duly organized under the Membership Corporations Law of this State. The defendants are all members of the police department of the city of Few York, and this action is brought against them in their individual and official capacity. The plaintiff maintains club rooms at Eos. 251-253 East One Hundred and Thirty-seventh street, in the borough of the Bronx. These rooms are kept open daily and are used by its members for general athletic purposes. Since its incorporation the plaintiff has given weekly entertainments at which sparring exhibitions take place. The plaintiff claims that only actual members of the club are permitted to be present at these exhibitions. The defendants dispute this and claim that an admission fee is charged at these sparring exhibitions, in violation of section 458 of the Penal Code. The plaintiff is a lawful organization which is not required by law to secure a license. It has considerable property and a large membership. The defendants have threatened to prevent the giving of sparring exhibitions at the club rooms of the plaintiff and assert the right to enter the plaintiff’s premises and to remain therein in -order to see to it that no sparring exhibition shall take place. The evidence in this case shows that the defendant Post, who is a captain of police, entered the plaintiff’s premises with a squad of six policemen while a business meeting of the plaintiff was being held, and refused to leave or to withdraw his men when requested so to do by officers of the plaintiff. At the time of this trespass no sparring exhibition was being given. The defendants threaten to repeat this trespass whenever in their judgment they think it necessary. The position of the de
Motion granted.