Jack & Jill Togs, Inc. v. Bernside Mills, Inc.

Appellate Division of the Supreme Court of New York

Jack & Jill Togs, Inc. v. Bernside Mills, Inc.

2 A.D.2d 887, 157 N.Y.S.2d 136, 1956 N.Y. App. Div. LEXIS 3711

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

DecidedNovember 30, 1956

StatusPublished

This text of 2 A.D.2d 887 (Jack & Jill Togs, Inc. v. Bernside Mills, 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

Jack & Jill Togs, Inc. v. Bernside Mills, Inc., 2 A.D.2d 887, 157 N.Y.S.2d 136, 1956 N.Y. App. Div. LEXIS 3711 (N.Y. Ct. App. 1956).

Pincite

Opinion

Upon the record before us the plaintiff has not made a satisfactory showing of irreparable damage such as would warrant granting the drastic relief of temporary injunction. To grant it may result in such damage to the defendant that even a determination in its favor after trial would not remedy. Defendant has stated in open court that it would withdraw the pending motion addressed to the complaint and join issue immediately. Both parties have stated they are prepared to go to trial at once. Order unanimously reversed and the motion for a temporary injunction denied. Settle order on notice in which provision is made for the withdrawal of the motion addressed to the complaint, and the dates for joinder of issue and for trial fixed. Concur — Botein, J. P., Rabin, Frank, Yalente and Bergan, JJ.

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Upon the record before us the plaintiff has not made a satisfactory showing of irreparable damage such as would warrant granting the drastic relief of temporary injunction. To grant it may result in such damage to the defendant that even a determination in its favor after trial would not remedy. Defendant has stated in open court that it would withdraw the pending motion addressed to the complaint and join issue immediately. Both parties have stated they are prepared to go to trial at once. Order unanimously reversed and the motion for a temporary injunction denied. Settle order on notice in which provision is made for the withdrawal of the motion addressed to the complaint, and the dates for joinder of issue and for trial fixed. Concur — Botein, J. P., Rabin, Frank, Yalente and Bergan, JJ.

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Bluebook (online)

2 A.D.2d 887, 157 N.Y.S.2d 136, 1956 N.Y. App. Div. LEXIS 3711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-jill-togs-inc-v-bernside-mills-inc-nyappdiv-1956.