110 N.Y.S. 217 | N.Y. App. Div. | 1908
Lead Opinion
The question presented in this case is the same as that presented in Eden Musee American Co., Ltd., v. Bingham (125 App. Div. 780), decided herewith. The complaint alleges that the plaintiff intends to conduct an exhibition of moving pictures by stereopticon views on Sundays ; that one Gane had informed the plaintiff that the defendant Keleher, an acting police captain, had informed Gane that the defendant Keleher would prevent the giving of the aforesaid exhibition of pictures and entertainment on Sunday afternoons and evenings and would compel the closing of the said premises if the same were opened for the aforesaid purposes. A permanent injunction was asked for restraining the defendants and other members of the police department of the city of New York from interfering with the plaintiff in the lawful conduct of his business and from entering the said premises of the plaintiff or making visitations thereon during Sunday afternoons and evenings. Upon this complaint the Special Term has granted an injunction that during the pendency of this action “ the defendants, and each of them, and their and each of their officers and members of the police department of the city of New York, be * enjoined and prohibited from interfering with the plaintiff in his lawful conduct of his business at the Manhattan Theatre, located at No. 1258 Broadway, and prohibited from entering upon the aforesaid place of business conducted by the plaintiff, except for the purposes of preserving the peace or of executing a warrant or warrants of arrest on a person or persons upon the premises of the plaintiff, or other lawful warrants, or for the purpose of making an arrest in good faith for the commission of a felony committed in their or without their presence, or a misdemeanor committed within their presence ; from entering the said premises of the plaintiff or making visitations thereon during Sun
•The order appealed from should, therefore, be reversed, with ten dollars costs and disbursements, and the motion for an injunction denied, with ten dollars costs. ■
McLaughlin and Scott, JJ., concurred.
Concurrence Opinion
For the reasons stated in my opinion in Burns v. McAdoo (113 App Div. 165), I concur.
Concurrence Opinion
I concur in the reversal of the in junction order in this case upon the grounds stated in my concurring memorandum in Eden Musee American Co., Ltd., v. Bingham (125 App. Div. 780, 784), argued and decided herewith, which apply to the facts here presented.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.