WHITMIER & FERRIS CO. v. N. Y. S. THRU. AUTH.


39 Misc.2d 919 (1963)

Whitmier & Ferris Co., Inc., Plaintiff, v. New York State Thruway Authority, Defendant.

Supreme Court, Erie County.

July 15, 1963


Attorney(s) appearing for the Case

Offermann, Fallon & Mahoney (Francis J. Offermann, Jr., of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Paxton Blair and Julius L. Sackman of counsel), for defendant appearing specially.


GILBERT H. KING, J.

The plaintiff obtained an order requiring the defendant to show cause at a Special Term of this court, why an order should not be made enjoining the defendant pendente lite from interfering with the property of the plaintiff and specifically from "tearing down, demolishing and mutilating structures which are owned by plaintiff and which are upon property owned or leased by the plaintiff." The show cause

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