Spilke v. Krupp

Appellate Division of the Supreme Court of New York

Spilke v. Krupp

260 A.D. 806, 1940 N.Y. App. Div. LEXIS 4735

Appellate Division of the Supreme Court of the State of New York·Decided September 25, 1940·Published

Opinion

On argument, order granting injunction pendente lite, directing removal of a wall reversed on the law and the facts, without costs, and case directed to be placed on the Special Term Calendar for Trials, Kings County, on September 30, 1940. The situation requires a trial before a direction is made as to the subject-matter. We do not pass upon any question of fact or law or the merits thereof. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur. [See post, p. 807.]

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On argument, order granting injunction pendente lite, directing removal of a wall reversed on the law and the facts, without costs, and case directed to be placed on the Special Term Calendar for Trials, Kings County, on September 30, 1940. The situation requires a trial before a direction is made as to the subject-matter. We do not pass upon any question of fact or law or the merits thereof. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur. [See post, p. 807.]

Spilke v. Krupp, 260 A.D. 806, 1940 N.Y. App. Div. LEXIS 4735 (N.Y. Ct. App. 1940).

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