HAMBURGER v. NEW YORK STATE THRUWAY AUTH.


18 Misc.2d 202 (1959)

David Hamburger, Doing Business as Dave's Service Station, Plaintiff, v. New York State Thruway Authority, Defendant.

Supreme Court, Special Term, Westchester County.

July 23, 1959.


Attorney(s) appearing for the Case

Gordon Miller for plaintiff.

Louis J. Lefkowitz, Attorney-General (Arthur W. Mattson, Douglas L. Manley and Grace K. Banoff of counsel), for defendant.


LEONARD J. SUPPLE, J.

The motion of the defendant to dismiss the complaint upon the ground that the court has not jurisdiction of the subject of the action will be denied.

The motion of the plaintiff for an injunction during the pendency of the action will be denied because

(1) the plaintiff has not made the clear and convincing case necessary on any application for an injunction pendente...

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