Spilke v. Krupp

260 A.D. 807, 23 N.Y.S.2d 191, 1940 N.Y. App. Div. LEXIS 4737

Opinion

On the court’s own motion, the decision of this court handed down on September 25, 1940 [ante, p. 806], is hereby amended to read as follows: On argument and on consent of counsel, order granting injunction pendente lite directing removal of a wall reversed, 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.