
    Alexander R. Grossman, Respondent, v. Consolidated Gas Company of New York, Appellant.
    
    First Department,
    June 20, 1906.
    Appeal by the defendant, the Consolidated Gas Company of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of June, 1906, enjoining the defendant pendente lite from cutting off plaintiff’s supply of gas at certain named premises.
    
      John F. Dillon and John A. Garver, for the appellant.
    
      Clarence J. Shearn, for the respondent.
    
      
      See Richman v. Consolidated Gas Co. (ante, p. 216).
    
   Laughlin, J.:

The facts in this case present similar questions to those discussed in the opinion in Richman v. Consolidated Gas Co. (114 App. Div. 216), argued and decided herewith. In this case, however, with the same justice presiding, the motion for an injunction was granted, which is doubtless accounted for by the fact that the opinion of the learned Circuit judge of the United States construing the restraining order, theretofore granted in the suit instituted in the Federal court by the defendant, was filed in the meantime. (See Consolidated Gas Co. v. Mayer, 146 Fed. Rep. 150.)

It follows that the order should be affirmed upon the prevailing opinion in the Fiehman case, with ten dollars costs and disbursements. .

O’Brien, P. J., and Patterson, J., concurred; McLaughlin and Houghton, JJ., dissented.

McLaughlin, J. (dissenting):

The order here appealed from should be reversed and the motion to continue the injunction denied on the second ground stated in my opinion in Richman v. Consolidated Gas Co. (114 App. Div. 216), decided herewith, for an affirmance of the order there appealed from.

Order affirmed, with ten dollars costs and disbursements. Settle order on notice.  