199 A.D. 189 | N.Y. App. Div. | 1921
The court at Special Term denied a motion for an injunction pendente lite. The plaintiff sought the injunction to restrain
We do not regard the recent decision of the Third Department in City of Rochester v. Rochester Gas & Electric Corp. (198 App. Div. 973) as an authority for granting an injunction pendente lite, for in that case the question was voluntarily submitted to the court upon an agreed statement of facts by the parties in interest, namely, city of Rochester, the Rochester Gas and Electric Corporation and also the Public Service Commission of the State; whereas the question before us is whether we can say, without evidence of the identity of the
The order should be affirmed, with ten dollars costs and disbursements. '
Mills and Rich, JJ., concur; Putnam and Kelly, JJ., vote to reverse on authority of City of Rochester v. Rochester Gas & Electric Corp. (198 App. Div. 973).
Order affirmed, with ten dollars costs and disbursements.
See Matter of Public Service Corporation of Long Island (25 State Dept. Rep. 649, 658).—[Rep.