Santomauro v. Pollio Products Corp.

15 A.D.2d 944, 225 N.Y.S.2d 994, 1962 N.Y. App. Div. LEXIS 10904

Opinion

On the present record, the charges of bad faith asserted against petitioner stand undenied. The allegations that petitioner was consorting with competitors raised a substantial issue of fact as to his good faith (Matter of Sunny dale Farms v. Premium Dairy Co., 7 A D 2d 737). Under all the circumstances, the learned Special Term Justice was not free, on this record, to exercise his discretion and to conclude that petitioner had shown good faith; he was required to defer the determination of that issue until after a hearing (Matter of Breswick & Co. v. Greater N. Y. Inds., 308 N. Y. 1041, 1043; Matter of Schwartz v. Travelers Hotel, 5 A D 2d 880; Matter of Schwartz v. Travelers Hotel, 7 A D 2d 848; Matter of Carthage Paper Makers v. Mutual Box Bd. Co., 2 A D 175, 177-178). Christ, Brennan, Hill and Rabin, JJ., concur; Ughetta, Acting P. J., not voting.