City of New York v. Wang

Appellate Division of the Supreme Court of New York

City of New York v. Wang

23 A.D.2d 481, 255 N.Y.S.2d 514, 1965 N.Y. App. Div. LEXIS 5015

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 1965

StatusPublished

This text of 23 A.D.2d 481 (City of New York v. Wang) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New York v. Wang, 23 A.D.2d 481, 255 N.Y.S.2d 514, 1965 N.Y. App. Div. LEXIS 5015 (N.Y. Ct. App. 1965).

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Opinion

Order, entered on December 7, 1964, denying plaintiffs’ motion for a temporary injunction and directing the cause be placed on the Ready Trial Calendar of December 11, 1964, unanimously modified, on the law and on the facts, to the extent of deleting the last decretal paragraph providing for the placing of the cause on the Ready Trial Calendar of December 11, 1964, and, as so modified, affirmed, with $30 costs and disbursements to defendants-appellants. The direction for an immediate trial runs contrary to the court rule providing for the consent of the parties as a condition precedent to the granting of an immediate trial where an application is made for a temporary injunction. (New York County Supreme Court Rules, Special Terms, rule II, subd. 8; Landau v. Landau, 22 A D 2d 868; Audio Fid. v. Dukes of Dixieland, 20 A D 2d 776; Morton N. Y. City Gory. v. Wolfson, 15 A D 2d 645.) Motion for a stay dismissed having become academic by virtue of the decision decided herewith. Concur — 1 Botein, P. J., Yalente, McNally, Eager and Staley, JJ.

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Order, entered on December 7, 1964, denying plaintiffs’ motion for a temporary injunction and directing the cause be placed on the Ready Trial Calendar of December 11, 1964, unanimously modified, on the law and on the facts, to the extent of deleting the last decretal paragraph providing for the placing of the cause on the Ready Trial Calendar of December 11, 1964, and, as so modified, affirmed, with $30 costs and disbursements to defendants-appellants. The direction for an immediate trial runs contrary to the court rule providing for the consent of the parties as a condition precedent to the granting of an immediate trial where an application is made for a temporary injunction. (New York County Supreme Court Rules, Special Terms, rule II, subd. 8; Landau v. Landau, 22 A D 2d 868; Audio Fid. v. Dukes of Dixieland, 20 A D 2d 776; Morton N. Y. City Gory. v. Wolfson, 15 A D 2d 645.) Motion for a stay dismissed having become academic by virtue of the decision decided herewith. Concur — 1 Botein, P. J., Yalente, McNally, Eager and Staley, JJ.

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Bluebook (online)

23 A.D.2d 481, 255 N.Y.S.2d 514, 1965 N.Y. App. Div. LEXIS 5015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-wang-nyappdiv-1965.