School Color Studios, Inc. v. Schulman

Appellate Division of the Supreme Court of New York

School Color Studios, Inc. v. Schulman

40 A.D.2d 970, 338 N.Y.S.2d 857, 1972 N.Y. App. Div. LEXIS 3081

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

DecidedDecember 14, 1972

StatusPublished

This text of 40 A.D.2d 970 (School Color Studios, Inc. v. Schulman) 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

School Color Studios, Inc. v. Schulman, 40 A.D.2d 970, 338 N.Y.S.2d 857, 1972 N.Y. App. Div. LEXIS 3081 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order, Supreme Court, New York County, entered October 11, 1972, so far as appealed from, unanimously reversed, on the law and the facts, and the motion for a preliminary injunction is denied, with costs and disbursements of this appeal to abide the event. While there is a restrictive covenant in the agreement, issues have been raised by defendant which demand clarification. On this record plaintiff has not established a clear right to the relief sought and granted. The parties can obtain an early trial, and are directed to proceed'to trial during the January, 1973 Term, if not earlier, unless the plaintiff elects not to do so. If through fault of defendant the trial is delayed or postponed, plaintiff again may apply at Special Term upon a proper showing for the relief herein denied¡ Concur — Stevens, P. J., Markewich, Kupferman, Tilzer and Capozzoli, JJ.

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Order, Supreme Court, New York County, entered October 11, 1972, so far as appealed from, unanimously reversed, on the law and the facts, and the motion for a preliminary injunction is denied, with costs and disbursements of this appeal to abide the event. While there is a restrictive covenant in the agreement, issues have been raised by defendant which demand clarification. On this record plaintiff has not established a clear right to the relief sought and granted. The parties can obtain an early trial, and are directed to proceed'to trial during the January, 1973 Term, if not earlier, unless the plaintiff elects not to do so. If through fault of defendant the trial is delayed or postponed, plaintiff again may apply at Special Term upon a proper showing for the relief herein denied¡ Concur — Stevens, P. J., Markewich, Kupferman, Tilzer and Capozzoli, JJ.

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Bluebook (online)

40 A.D.2d 970, 338 N.Y.S.2d 857, 1972 N.Y. App. Div. LEXIS 3081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-color-studios-inc-v-schulman-nyappdiv-1972.