Thompson v. Orange & Rockland Electric Co.

Appellate Division of the Supreme Court of New York

Thompson v. Orange & Rockland Electric Co.

228 A.D. 672

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1929·No. Action No. 2·Published

Opinion

■— Order granting plaintiff's motion for injunction pendente lite and denying defendant’s motion to dismiss complaint affirmed, with ten dollars costs and disbursements. Order granting reargument but confirming said order upon condition affirmed, without costs. No opimon. Lazansky, P. J., Rich, Young and Kapper, JJ., concur; Carswell, J., dissents and votes to reverse upon the ground that this issue could have been disposed of under the pleadings in the former action, and, therefore, the question is res adjudícata.

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■— Order granting plaintiff's motion for injunction pendente lite and denying defendant’s motion to dismiss complaint affirmed, with ten dollars costs and disbursements. Order granting reargument but confirming said order upon condition affirmed, without costs. No opimon. Lazansky, P. J., Rich, Young and Kapper, JJ., concur; Carswell, J., dissents and votes to reverse upon the ground that this issue could have been disposed of under the pleadings in the former action, and, therefore, the question is res adjudícata.

Thompson v. Orange & Rockland Electric Co., 228 A.D. 672 (N.Y. Ct. App. 1929).

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