Bruce v. Woll Bros., Inc.

Appellate Division of the Supreme Court of New York

Bruce v. Woll Bros., Inc.

9 A.D.2d 664, 191 N.Y.S.2d 584, 1959 N.Y. App. Div. LEXIS 6632

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 20, 1959

StatusPublished

This text of 9 A.D.2d 664 (Bruce v. Woll Bros., Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bruce v. Woll Bros., Inc., 9 A.D.2d 664, 191 N.Y.S.2d 584, 1959 N.Y. App. Div. LEXIS 6632 (N.Y. Ct. App. 1959).

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Opinion

Judgment and resettled judgment unanimously modified, on the law and on the facts and in the exercise of discretion, to limit the injunctive relief granted in the second decretal paragraph to plaintiff’s store premises at 2148-2150 Third Avenue and the store front and show window thereof, and, as so modified, affirmed, with costs to respondent. Settle order. The respondent concedes that he only seeks injunctive relief as to the portion of the premises occupied by him. In its present form the restraint is too broad and should be modified to conform with the proof. Concur — Breitel, J. P., Valente, McNally, Stevens and Bastow, JJ.

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Judgment and resettled judgment unanimously modified, on the law and on the facts and in the exercise of discretion, to limit the injunctive relief granted in the second decretal paragraph to plaintiff’s store premises at 2148-2150 Third Avenue and the store front and show window thereof, and, as so modified, affirmed, with costs to respondent. Settle order. The respondent concedes that he only seeks injunctive relief as to the portion of the premises occupied by him. In its present form the restraint is too broad and should be modified to conform with the proof. Concur — Breitel, J. P., Valente, McNally, Stevens and Bastow, JJ.

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Bluebook (online)

9 A.D.2d 664, 191 N.Y.S.2d 584, 1959 N.Y. App. Div. LEXIS 6632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-woll-bros-inc-nyappdiv-1959.