Nevins, Inc. v. Kasmach

Appellate Division of the Supreme Court of New York

Nevins, Inc. v. Kasmach

252 A.D. 890

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

DecidedNovember 29, 1937

DocketAppeal No. 2

StatusPublished

This text of 252 A.D. 890 (Nevins, Inc. v. Kasmach) 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

Nevins, Inc. v. Kasmach, 252 A.D. 890 (N.Y. Ct. App. 1937).

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Opinion

Order denying motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The contract sought to be enforced in equity is an alleged agreement not to strike. Enforcement of such a contract by injunction is against public policy, as declared by the Legislature. Hagarty, Carswell, Johnston, Adel and Close, JJ., concur.

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Order denying motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The contract sought to be enforced in equity is an alleged agreement not to strike. Enforcement of such a contract by injunction is against public policy, as declared by the Legislature. Hagarty, Carswell, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

252 A.D. 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nevins-inc-v-kasmach-nyappdiv-1937.