CARIO v. SARR


41 Misc.2d 297 (1963)

Rose Cario et al., Plaintiffs, v. Austin M. Sarr, as District Engineer, Department of Public Works, State of New York, et al., Defendants.

Supreme Court, Special Term, Suffolk County.

December 11, 1963


Attorney(s) appearing for the Case

Anne F. Mead and Edward L. Vaczy for plaintiffs. Louis J. Lefkowitz, Attorney-General, for defendants.


JACK STANISLAW, J.

Upon this application for a temporary injunction to restrain the Department of Public Works of the State of New York from erecting a traffic signal supporting pole in a position which allegedly would interfere with plaintiff's business, defendants argue that the court lacks jurisdiction. The relief requested, an injunction first temporary and then permanent, is obviously equitable in nature. For this reason, the defendants' motion to...

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