First Department,
December, 1906.
Manufacturers’ Commercial Company, Respondent, v. Frank E. Anderson, Appellant.
Injunction pendente lite sustained.
Appeal from an" order continuing á preliminary injunction restraining the defendant from disposing of or in any way interfering with a certain patent and from granting any licenses or Tights thereunder pendente lite.
[MAJORITY — Per Curiam :]
Per Curiam :
Without passing upon the merits involved in this litigation we are were 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. Present — Pattersonj P. J., Ingraham, McLaughlin, Clarke and Houghton, JJ. Order affirmed, with ten dollars costs and disbursements. Order filed.