Mercury Service Systems, Inc. v. Schmidt

Appellate Division of the Supreme Court of New York

Mercury Service Systems, Inc. v. Schmidt

50 A.D.2d 533, 375 N.Y.S.2d 12, 1975 N.Y. App. Div. LEXIS 12247

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1975·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County, entered May 5, 1975, unanimously affirmed. Respondents shall recover of appellant $40 costs and disbursements of this appeal. Denial of an injunction pendente lite against solicitation of plaintiff-appellant’s customers is amply justified by delay of three and one-half months in seeking this relief. In the interval, had plaintiff moved with dispatch consonant with a threat of truly irreparable harm, all issues could well have been resolved at a plenary trial. Further, there is no clear showing of a right to the relief sought. Concur — Stevens, P. J., Markewich, Murphy, Lupiano arid Lane, JJ.

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Order, Supreme Court, New York County, entered May 5, 1975, unanimously affirmed. Respondents shall recover of appellant $40 costs and disbursements of this appeal. Denial of an injunction pendente lite against solicitation of plaintiff-appellant’s customers is amply justified by delay of three and one-half months in seeking this relief. In the interval, had plaintiff moved with dispatch consonant with a threat of truly irreparable harm, all issues could well have been resolved at a plenary trial. Further, there is no clear showing of a right to the relief sought. Concur — Stevens, P. J., Markewich, Murphy, Lupiano arid Lane, JJ.

Mercury Service Systems, Inc. v. Schmidt, 50 A.D.2d 533, 375 N.Y.S.2d 12, 1975 N.Y. App. Div. LEXIS 12247 (N.Y. Ct. App. 1975).

Pincite

50 A.D.2d 533 (Mercury Service Systems, Inc. v. Schmidt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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