Pechter Baking Co. v. Bober

Appellate Division of the Supreme Court of New York

Pechter Baking Co. v. Bober

240 A.D. 848

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1933·Published·Cited by 1 cases

Opinion

Order granting an injunction pendente lite reversed on the law and facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the respondent’s right to equitable relief is not clear — there is a question for trial as to whether the respondent will be entitled to a permanent injunction. The granting of a temporary injunction was not, therefore, a proper exercise of discretion. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

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Order granting an injunction pendente lite reversed on the law and facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the respondent’s right to equitable relief is not clear — there is a question for trial as to whether the respondent will be entitled to a permanent injunction. The granting of a temporary injunction was not, therefore, a proper exercise of discretion. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.

Pechter Baking Co. v. Bober, 240 A.D. 848 (N.Y. Ct. App. 1933).

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Opinion

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