Donnelly v. United Fruit Co.

Appellate Division of the Supreme Court of New York

Donnelly v. United Fruit Co.

4 A.D.2d 855, 166 N.Y.S.2d 392, 1957 N.Y. App. Div. LEXIS 4446

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

DecidedOctober 1, 1957

StatusPublished

This text of 4 A.D.2d 855 (Donnelly v. United Fruit Co.) 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

Donnelly v. United Fruit Co., 4 A.D.2d 855, 166 N.Y.S.2d 392, 1957 N.Y. App. Div. LEXIS 4446 (N.Y. Ct. App. 1957).

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Opinion

Order unanimously reversed. No opinion. Motion for summary judgment granted. The pleadings and affidavits establish that the relationship of master and servant terminated prior to the commencement of this [856]*856action and plaintiff does not seek the revival thereof. There is no necessity for resort to a declaratory judgment because no disputed jural relation will be stabilized or clarified. (Somberg v. Somberg, 263 N. Y. 1; Segal V. Associated Agents of America, 91 N. Y. S. 2d 49, affd. without opinion 276 App. Div. 896.) Furthermore, a threatened libel will not be restrained. (Marlin Fire Arms Co. v. Shields, 171 N. Y. 384.) The order appealed from therefore is reversed and defendant’s motion for summary judgment granted. This disposition is without prejudice to any other remedies of which plaintiff may be advised. Settle order on notice. Concur — Breitel, J. P., Rabin, Frank, Valente and McNally, JJ.

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Order unanimously reversed. No opinion. Motion for summary judgment granted. The pleadings and affidavits establish that the relationship of master and servant terminated prior to the commencement of this [856]*856action and plaintiff does not seek the revival thereof. There is no necessity for resort to a declaratory judgment because no disputed jural relation will be stabilized or clarified. (Somberg v. Somberg, 263 N. Y. 1; Segal V. Associated Agents of America, 91 N. Y. S. 2d 49, affd. without opinion 276 App. Div. 896.) Furthermore, a threatened libel will not be restrained. (Marlin Fire Arms Co. v. Shields, 171 N. Y. 384.) The order appealed from therefore is reversed and defendant’s motion for summary judgment granted. This disposition is without prejudice to any other remedies of which plaintiff may be advised. Settle order on notice. Concur — Breitel, J. P., Rabin, Frank, Valente and McNally, JJ.

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Bluebook (online)

4 A.D.2d 855, 166 N.Y.S.2d 392, 1957 N.Y. App. Div. LEXIS 4446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donnelly-v-united-fruit-co-nyappdiv-1957.

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