ATLAS LAND CORP. v. ETTINGER


283 A.D. 379 (1954)

Atlas Land Corp., Respondent, v. Dora Ettinger et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 2, 1954.


Attorney(s) appearing for the Case

Maurice J. McCarthy, Jr., for appellants.

Louis Okin of counsel (Sohn & Okin, attorneys), for respondent.

BREITEL and BOTEIN, JJ., concur with DORE, J. P.; CALLAHAN, J., dissents in part in opinion in which BERGAN, J., concurs.


DORE, J. P.

In this suit by plaintiff for a temporary and final injunction against defendants, the court on defendants' consent, without prejudice, granted a temporary injunction restraining defendants pending the trial and final determination of the action from discontinuing the heat heretofore supplied to plaintiff's premises from the premises owned by defendant, Dora Ettinger. The court in a separate order...

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