McClosky v. Long Island Hockey Club, Inc.

• Decision Date: 21 March 1963
• Citation: 239 N.Y.S.2d 40,18 A.D.2d 1023
• Parties: Frank McCLOSKY et al., Plaintiffs-Respondents, v. LONG ISLAND HOCKEY CLUB, INC. et al., Defendants-Appellants; George A. Hamid Circus Company, Inc., Appellant.
• Court: New York Supreme Court — Appellate Division

Page 40

239 N.Y.S.2d 40

18 A.D.2d 1023

Frank McCLOSKY et al., Plaintiffs-Respondents, v. LONG ISLAND HOCKEY CLUB, INC. et al., Defendants-Appellants George A. Hamid Circus Company, Inc., Appellant.

Supreme Court, Appellate Division, Second Department.

March 21, 1963.

Jack D. Glazer, Copiague, for appellant Long Island Hockey Club; Arthur G. Silverman, Hempstead, of counsel.

Milton Pinkus, Hempstead, and Abraham Males, New York City, for appellant Hamid Circus Co., Inc.; Milton Pinkus, Hempstead, of counsel.

Strasser, Spiegelberg, Fried & Frank, New York City, for respondent; John F. Finn, Jr., New York City, of counsel.

Before UGHETTA, Acting P. J., and KLEINFELD, CHRIST, HILL and RABIN, JJ.

MEMORANDUM BY THE COURT.

In an action for an injunction, a declaratory judgment and other relief, the parties appeal as follows from the following two orders of the Supreme Court, Nassau County:

(1) Defendants appeal from an order dated February 26, 1963, entered in Suffolk County February 28, 1963, which denied their cross motion to dismiss the complaint, which granted plaintiffs' motion for an injunction pendente lite and whch, inter alia: (a) prohibited defendants from interfering with plaintiffs' exclusive possession of the Long Island arena in Commack, Suffolk County, and its use for a circus operation during the 1963 Easter season, April 8, 1963 to April 21, 1963; and (b) prohibited defendants from giving access to or occupancy of the arena during such period to the corporation George A. Hamid Circus Company, Inc., or to any other person or corporation.

(2) The Hamid corporation appeals from an order dated March 8, 1963, entered in Suffolk County March 11, 1963, which denied its motion for leave to intervene as a party defendant, for reargument of the plaintiffs' motion for the injunction pendente lite, and for other relief.

Order of February 28, 1963 modified, in the exercise of discretion, by adding thereto a provision to the effect that plaintiffs' motion for an injunction pendente lite, insofar as the motion seeks to enjoin the defendants from giving access to or occupancy of the said arena to the Hamid corporation, is granted upon the further condition that plaintiffs shall furnish an undertaking for $25,000, with corporate surety, to pay to the Hamid corporation such damages (if any) as it may sustain by reason of the granting of this temporary injunction, in the event that the court should finally determine: (a) that the plaintiffs were not entitled to the injunction with respect to...