Smith v. Schwarzler

Appellate Division of the Supreme Court of New York

Smith v. Schwarzler

79 N.Y.S. 1147

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

DecidedDecember 5, 1902

StatusPublished

This text of 79 N.Y.S. 1147 (Smith v. Schwarzler) 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. Schwarzler, 79 N.Y.S. 1147 (N.Y. Ct. App. 1902).

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Opinion

PER CURIAM.

We think the learned judge at special term correctly held that this case in principle is controlled by Stuyvesant v. Early, 58 App. Div. 212, 68 N. Y. Supp. 752. In view of the fact that the. injunction in some form must be continued until the trial, nothing would be gained by a determination now as to the extent, if any, which the order as entered should be modified. The injunction order is extensive in terms, but the question of whether or not the plaintiff is entitled to such extensive relief can better be determined upon the trial, when, after the presentation of all the facts, the court will be enabled to formulate by judgment the exact relief to which the plaintiff is entitled. The order appealed from is accordingly affirmed, with $10 costs and disbursements.

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PER CURIAM.

We think the learned judge at special term correctly held that this case in principle is controlled by Stuyvesant v. Early, 58 App. Div. 212, 68 N. Y. Supp. 752. In view of the fact that the. injunction in some form must be continued until the trial, nothing would be gained by a determination now as to the extent, if any, which the order as entered should be modified. The injunction order is extensive in terms, but the question of whether or not the plaintiff is entitled to such extensive relief can better be determined upon the trial, when, after the presentation of all the facts, the court will be enabled to formulate by judgment the exact relief to which the plaintiff is entitled. The order appealed from is accordingly affirmed, with $10 costs and disbursements.

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Bluebook (online)

79 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-schwarzler-nyappdiv-1902.

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