Gordon v. Visone

Appellate Division of the Supreme Court of New York

Gordon v. Visone

247 A.D. 757

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1936·Published

Opinion

Action to restrain defendants from conducting a business similar to that conducted by plaintiff, a lessee of one of the defendants. The complaint was dismissed, without testimony being taken, on the ground that it did not state a cause of action. Order dismissing the complaint reversed on the law and a new trial granted, with ten dollars costs and disbursements to appellant to abide the event, on the authority of Al Raschid v. News Syndicate Co. (265 N. Y. 1); Tuttle v. Buck (107 Minn. 145; 119 N. W. 946); Dunshee v. Standard Oil Co. (152 Iowa, 618, 624; 132 N. W. 371; 36 L. R. A. [N. S.] 263); Amer. Bank & Trust Co. v. Federal Bank (256 U. S: 350). Lazansky, P. J., Young, Hagarty, Johnston and Taylor, JJ., concur.

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Action to restrain defendants from conducting a business similar to that conducted by plaintiff, a lessee of one of the defendants. The complaint was dismissed, without testimony being taken, on the ground that it did not state a cause of action. Order dismissing the complaint reversed on the law and a new trial granted, with ten dollars costs and disbursements to appellant to abide the event, on the authority of Al Raschid v. News Syndicate Co. (265 N. Y. 1); Tuttle v. Buck (107 Minn. 145; 119 N. W. 946); Dunshee v. Standard Oil Co. (152 Iowa, 618, 624; 132 N. W. 371; 36 L. R. A. [N. S.] 263); Amer. Bank & Trust Co. v. Federal Bank (256 U. S: 350). Lazansky, P. J., Young, Hagarty, Johnston and Taylor, JJ., concur.

Gordon v. Visone, 247 A.D. 757 (N.Y. Ct. App. 1936).

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Opinion

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