S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.

Appellate Division of the Supreme Court of New York

S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.

34 A.D.2d 918, 311 N.Y.S.2d 956, 1970 N.Y. App. Div. LEXIS 4530

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

DecidedJune 11, 1970

StatusPublished

This text of 34 A.D.2d 918 (S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.) 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

S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp., 34 A.D.2d 918, 311 N.Y.S.2d 956, 1970 N.Y. App. Div. LEXIS 4530 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order entered on February 26, 1970, granting plaintiff’s motion for a temporary injunction and denying its cross motion to dismiss the complaint, unanimously modified on the law -and on the facts, and in the exercise of discretion, to the extent of vacating the temporary injunction, and, as so modified, affirmed, without costs and without disbursements. The order entered on April 1, 1970, denying reargument or rehearing is unanimously affirmed, without costs and without disbursements. The defendant if so advised may set up lack of jurisdiction by way of defense in its answer. On this record, the plaintiff has not shown a clear right to the relief granted (Park Terrace Caterers v. McDonough, 9 A D 2d 113), nor has there been established a factual demonstration of irreparable injury (Kane v. Walsh, 295 N. Y. 198, 205, 206). Concur — Stevens, P. J., Eager, Capozzoli, Nunez and McNally, JJ.

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Order entered on February 26, 1970, granting plaintiff’s motion for a temporary injunction and denying its cross motion to dismiss the complaint, unanimously modified on the law -and on the facts, and in the exercise of discretion, to the extent of vacating the temporary injunction, and, as so modified, affirmed, without costs and without disbursements. The order entered on April 1, 1970, denying reargument or rehearing is unanimously affirmed, without costs and without disbursements. The defendant if so advised may set up lack of jurisdiction by way of defense in its answer. On this record, the plaintiff has not shown a clear right to the relief granted (Park Terrace Caterers v. McDonough, 9 A D 2d 113), nor has there been established a factual demonstration of irreparable injury (Kane v. Walsh, 295 N. Y. 198, 205, 206). Concur — Stevens, P. J., Eager, Capozzoli, Nunez and McNally, JJ.

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Bluebook (online)

34 A.D.2d 918, 311 N.Y.S.2d 956, 1970 N.Y. App. Div. LEXIS 4530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-j-capelin-associates-inc-v-globe-manufacturing-corp-nyappdiv-1970.

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