Smith v. Boxer

Appellate Division of the Supreme Court of New York

Smith v. Boxer

45 A.D.2d 1054, 358 N.Y.S.2d 174, 1974 N.Y. App. Div. LEXIS 4328

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

DecidedJuly 29, 1974

StatusPublished

Cited by9 cases

This text of 45 A.D.2d 1054 (Smith v. Boxer) 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

Smith v. Boxer, 45 A.D.2d 1054, 358 N.Y.S.2d 174, 1974 N.Y. App. Div. LEXIS 4328 (N.Y. Ct. App. 1974).

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Opinion

In an action for an injunction restraining defendants from interfering with an alleged right of way, the appeals are from an order of the Supreme Court, Putnam County, dated November 15,1973. Order modified, on the law, by adding thereto a provision that plaintiffs shall give an undertaking as provided in CPLR 6312 (subd. [b]) in an amount to be fixed by Special Term upon a hearing held for such purpose, unless the parties stipulate to an amount therefor. As so modified, order affirmed, with $20 costs and disbursements to plaintiffs. . The granting of an injunction pendente lite without provision for an appropriate undertaking was unwarranted (CPLR .6312; Rochland County Bldrs. Assn. v. McAlevey, 29 A D 2d 975). Hopkins, Acting P. J., Martuscello, Latham, Benjamin and Munder, JJ., concur.

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In an action for an injunction restraining defendants from interfering with an alleged right of way, the appeals are from an order of the Supreme Court, Putnam County, dated November 15,1973. Order modified, on the law, by adding thereto a provision that plaintiffs shall give an undertaking as provided in CPLR 6312 (subd. [b]) in an amount to be fixed by Special Term upon a hearing held for such purpose, unless the parties stipulate to an amount therefor. As so modified, order affirmed, with $20 costs and disbursements to plaintiffs. . The granting of an injunction pendente lite without provision for an appropriate undertaking was unwarranted (CPLR .6312; Rochland County Bldrs. Assn. v. McAlevey, 29 A D 2d 975). Hopkins, Acting P. J., Martuscello, Latham, Benjamin and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 1054, 358 N.Y.S.2d 174, 1974 N.Y. App. Div. LEXIS 4328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-boxer-nyappdiv-1974.

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