Cosgrove v. Imperial News Inc.

Appellate Division of the Supreme Court of New York

Cosgrove v. Imperial News Inc.

49 A.D.2d 812

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

DecidedSeptember 11, 1975

StatusPublished

This text of 49 A.D.2d 812 (Cosgrove v. Imperial News 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

Cosgrove v. Imperial News Inc., 49 A.D.2d 812 (N.Y. Ct. App. 1975).

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Opinion

Motion for temporary restraining order denied. Memorandum: The court properly vacated the temporary restraining order. On the facts of this case the court had no authority to restrain the dissemination of the alleged obscene material prior to a hearing (Heller v New York, 413 US 483; Matter of Gaetano v Erwin, 46 AD2d 735). The parties are directed to proceed forthwith to a hearing on the application for a preliminary injunction. (Order entered September 19,1975.)

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Motion for temporary restraining order denied. Memorandum: The court properly vacated the temporary restraining order. On the facts of this case the court had no authority to restrain the dissemination of the alleged obscene material prior to a hearing (Heller v New York, 413 US 483; Matter of Gaetano v Erwin, 46 AD2d 735). The parties are directed to proceed forthwith to a hearing on the application for a preliminary injunction. (Order entered September 19,1975.)

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Bluebook (online)

49 A.D.2d 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosgrove-v-imperial-news-inc-nyappdiv-1975.

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