(Download) "William C. Ash v. Arthur L. Holdeman Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: William C. Ash v. Arthur L. Holdeman Et Al.
- Author : Supreme Court of New York
- Release Date : January 30, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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[5 A.D.2d 1017 Page 1018] In an action to restrain appellants-respondents from interfering with the affairs of New York Association No. 88 of Masters
and Mates of the National Organization of Masters, Mates & Pilots of America and from holding themselves out as officers
of said local union, and for other relief, the appeals are from an order granting an injunction pendente lite which, inter
alia, restrains appellants-respondents from such acts, directs that they turn over the books and records of the local to the
International Trustee, and orders an immediate trial of the action. Order modified (1) by striking therefrom subdivisions
(a), (b), (d), (e), (f) and (g) of the first ordering paragraph, (2) by striking from said order the second and third ordering
paragraphs, (3) by adding to said order a provision ordering defendants to keep intact all the property and records of said
New York Association No. 88 heretofore and hereafter received by them, to make no withdrawal or other disposition of any of
its funds, except on further order of the court, and to serve forthwith a copy of the order upon every bank or other depository
holding funds belonging to, or to the credit of, said New York Association No. 88 and at the same time notify in writing said
banks or depositories that such funds are to be held intact pending the determination of the action or the further order of
the court, and (4) by adding to said order a further provision that nothing contained in the order shall be construed as prohibiting
the defendants from making bank deposits on behalf of the said New York Association No. 88. As so modified, order affirmed,
without costs. In our opinion, upon the record presented, a mandatory temporary injunction, disturbing the status quo and
awarding respondents-appellants substantially all the injunctive relief against the appellants-respondents to which they would
be entitled after trial, should not have been granted. (Cf. Bachman v. Harrington, 184 N. Y. 458, 464; Moller v. Lincoln Safe
Deposit Co., 174 App. Div. 458, 462; Ten Eyck v. Lombard, 247 App. Div. 439, 441.) The questions presented may best be determined
after the trial, which was commenced as ordered and which was in progress when this appeal was argued. The property, books
and records of the local should be kept intact pending the trial and determination of the action. Settle order on notice.