Blank v. Browne

Appellate Division of the Supreme Court of New York

Blank v. Browne

227 A.D. 618

Procedural entryThis page is a short order in Blank v. Browne. Read the opinion of the Court — 217 A.D. 624 →

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1929·Published

Opinion

Order as resettled, denying motion to confirm report of official referee and re-referring matter to official referee affirmed, with ten dollars costs and disbursements. No opinion. Rich, Hagarty, Carswell and Scudder, JJ., concur; Lazansky, P. J., dissents on the ground that the injunction as modified by this court, and to avoid which a trial was necessary, was insignificant and inconsequential as compared to the injunction pendente lite granted by the Special Term, and this the learned [619]*619referee does not seem to have taken into consideration. There should be a new hearing.

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Order as resettled, denying motion to confirm report of official referee and re-referring matter to official referee affirmed, with ten dollars costs and disbursements. No opinion. Rich, Hagarty, Carswell and Scudder, JJ., concur; Lazansky, P. J., dissents on the ground that the injunction as modified by this court, and to avoid which a trial was necessary, was insignificant and inconsequential as compared to the injunction pendente lite granted by the Special Term, and this the learned [619]*619referee does not seem to have taken into consideration. There should be a new hearing.

Blank v. Browne, 227 A.D. 618 (N.Y. Ct. App. 1929).

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