Central Laundry & Supply Co. v. Lee

Appellate Division of the Supreme Court of New York

Central Laundry & Supply Co. v. Lee

257 A.D. 1040, 13 N.Y.S.2d 802, 1939 N.Y. App. Div. LEXIS 8993

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

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1040 (Central Laundry & Supply Co. v. Lee) 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

Central Laundry & Supply Co. v. Lee, 257 A.D. 1040, 13 N.Y.S.2d 802, 1939 N.Y. App. Div. LEXIS 8993 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment affirmed, with costs. Memorandum: Giving to plaintiff the benefit of every reasonable inference to be drawn from evidence offered to prove defendant's breach of a restrictive covenant in the contract in suit, we do not find proof sufficient to establish the cause of action pleaded. We also take into consideration the fact that the evidence offered by the plaintiff established no damage. All concur, except Dowling, J., who dissents and votes for reversal on the law and for granting a new trial. (The judgment dismisses the complaint in an action to recover damages for breach of a contract.) Present — Sears, P, J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Judgment affirmed, with costs. Memorandum: Giving to plaintiff the benefit of every reasonable inference to be drawn from evidence offered to prove defendant's breach of a restrictive covenant in the contract in suit, we do not find proof sufficient to establish the cause of action pleaded. We also take into consideration the fact that the evidence offered by the plaintiff established no damage. All concur, except Dowling, J., who dissents and votes for reversal on the law and for granting a new trial. (The judgment dismisses the complaint in an action to recover damages for breach of a contract.) Present — Sears, P, J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Bluebook (online)

257 A.D. 1040, 13 N.Y.S.2d 802, 1939 N.Y. App. Div. LEXIS 8993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-laundry-supply-co-v-lee-nyappdiv-1939.