APPEAL in the first action by the defendants, Joseph Levy and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of February, 1911, granting the plaintiff's motion for an injunction.
Appeal in the second action by the plaintiff, the American Bill Posting Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of January, 1911, denying the plaintiff's motion for an injunction pendente lite.
On April 20, 1910, Joseph Levy and the Borough Bill Posting Company mutually executed the following agreement:
'BROOKLYN, N.Y. , April 20, 1910.
'In consideration of a yearly rental of $10.00 dollars, the undersigned, owner of lots located at Eastern Parkway and Truxton St., East side of Boulevard, Borough of Brooklyn, City of New York, hereby leases to the Borough Bill Posting Company, Brooklyn, N.Y. , the exclusive privilege of erecting
and using fence or sign board to be located on said lots for billposting purposes; the owner reserving the right in case said property is sold or required for building purposes to cancel all privileges upon returning to the Company a pro rata amount of said yearly rent; all fences or sign boards erected by the Company remain its property and it has the right to remove the same at the expiration of this lease. Privilege of renewal is also given upon the same terms. Privilege to place sign on top of fence to owner.
49 Feet E. Parkway.
39 or less Truxton St.
'BOROUGH BILL POSTING CO.,
'252 Atlantic Ave.
Thereafter the Borough Bill Posting Company erected upon said premises, and maintained at large expense, billboards which were used for advertising purposes, and has made contracts with various persons and corporations to post advertising bills thereon. Levy has not sold the property nor does he require it for building purposes, but on December 2, 1910, he entered into an agreement with the American Bill Posting Company, giving to it similar privileges, and upon December ninth tendered to the Borough Bill Posting Company three dollars and eighty-five cents, which was stated to be the rebate for unexpired time for fence privilege, and notified it in writing that he revoked the advertising privilege granted to it. Thereafter, and on January 5, 1911, Levy and the American Bill Posting Company tore down plaintiff's signs and billboards and the American Bill Posting Company proceeded to erect a fence and signboards, which the Borough Bill Posting Company tore down. Each of the billposting companies threatening to destroy the billboards and ...