145 N.Y.S. 492 | N.Y. Sup. Ct. | 1914
This is an application brought by the plaintiff against the defendants for an injunction pendente lite, wherein it is prayed that the defendants be enjoined and restrained from interfering with the production known as ‘ ‘ The Inside of the White Slave Traffic,” now being given in the Park Theatre, located at Fifty-ninth street and Eighth avenue, in the borough of Manhattan, city of New York. The order to show cause served on the defendants stays the defendants from interfering or taking action against the parties conducting such performance until the further order of this court. On the argument of the motion December twenty-sixth, the defendants’ application to vacate said temporary stay was granted, in view of the law as it stands in this department, to the effect that this court has not the power to interfere with the police in enforcing the criminal law. Decision was reserved, however, on plaintiff’s application for an injunction pendente lite, in view of apparently conflicting decisions of the Appellate Division in different departments in this state, and in view of the character of the exhibition in question, which is susceptible of removal to other judicial departments. I shall therefore consider the application with regard to the sufficiency of the facts. The performance as conducted by the plaintiff in said theatre is one consisting of moving picture films cast upon canvas by a moving picture machine and depicting what is alleged to be a play, known as “ The Inside of the White Slave Traffic,” describing the working of prostitutes on the
Application denied.