Oppenheim v. Thanasoulis
108 N.Y.S. 505 | N.Y. App. Div. | 1908
The injunction order appealed from must be reversed, because it grants the relief demanded in the complaint upon motion and prior to the trial of the action. It is not an injunction pendente lite, but by its terms is permanent. The court has no power to make such an order in advance of the trial.
The order appealed from is reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.
