
    The City of New York, Plaintiff, v. The Knickerbocker Trust Co., Defendant.
    (Supreme Court, New York Special Term,
    June, 1903.)
    Temporary mandatory injunction — Refusal in a matter of street encroachment.
    A temporary mandatory injunction will not be granted the city of New York to compel the defendant to remove steps, coping and an area, forming part of a building in course of construction, alleged illegally to encroach, and in fact encroaching upon a street, where the defendant claims that these constructions form part of a “ portico ” shown on plans filed with and approved by the department of buildings, that the board of aldermen authorized the portico, and it is admitted that it _is practically completed.
    A temporary injunction should not issue where its granting would work a greater hardship to the defendant than its refusal would to the plaintiS.
    Application for a temporary and mandatory injunction.
    George L. Rives, Corporation Counsel (Arthur F. Cosby, of counsel), for plaintiff.
    Davies, Stone & Auerbach (Julien T. Davies and Julien T. Davies, Jr., of counsel), for defendant.
   Blanchard, J.

Motion denied, without costs.  