Opinion
December, 1906.
Present — Patterson, P.J., Ingraham, McLaughlin, Clarke and Houghton, JJ.
Without passing upon the merits involved in this litigation we are satisfied that sufficient facts were presented to the Special Term to call for the exercise of its discretion in determining whether the existing conditions should be preserved until the trial, and that there was no abuse of the discretion in granting the injunction pendente lite. The order appealed from should, therefore, be affirmed, with ten dollars costs and disbursements to the respondent.
Order affirmed, with ten dollars costs and disbursements. Order filed.