Nevins v. Friedauer

191 A.D. 897

Opinion

Order affirmed, with ten dollars costs and disbursements. We think in a case like the present, which does or may involve the title to valuable water front property in a dispute which is really between a private owner and the city of New York, where an injunction is granted on a complaint which states a cause of action, that the exercise of the discretion of the court at Special Term in preserving by injunction the status quo until trial should not be disturbed on appeal from the interlocutory order. The condition of the equity calendar is such that a trial on the merits may usually be had more quickly than a hearing on an appeal from an order granting a temporary injunction. Mills, Rich, Putnam, Blackmar and Kelly, JJ., concur.