Tappan Motors, Inc. v. Volvo of America Corp.

Appellate Division of the Supreme Court of New York

Tappan Motors, Inc. v. Volvo of America Corp.

74 A.D.2d 846, 425 N.Y.S.2d 970, 1980 N.Y. App. Div. LEXIS 10610

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

DecidedMarch 10, 1980

StatusPublished

This text of 74 A.D.2d 846 (Tappan Motors, Inc. v. Volvo of America 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

Tappan Motors, Inc. v. Volvo of America Corp., 74 A.D.2d 846, 425 N.Y.S.2d 970, 1980 N.Y. App. Div. LEXIS 10610 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action, inter alia, to permanently enjoin defendants from terminating plaintiff’s Volvo dealership, plaintiff appeals from an order of the Supreme Court, Westchester County, entered January 3, 1980, which denied its motion pursuant to section 198 of the General Business Law for a preliminary injunction. Order reversed, without costs or disbursements, and motion for a preliminary injunction granted. The parties are directed to complete all discovery and to proceed to trial within 45 days after entry of the order to be made hereon, in accordance with the decision herein. Under the particular circumstances of this case, we find that if a preliminary injunction is not granted, the relative hardship which would be suffered by plaintiff greatly outweighs any benefit which might accrue to defendants. In view of the conflicting papers and affidavits submitted by the parties, we find that there exist many factual issues which can only be resolved at trial. We therefore conclude that the status quo should be preserved pending an early trial of the issues. Plaintiff is directed to file a note of issue, pay all necessary fees and the parties are directed to proceed to trial within 45 days after entry of the order to be made hereon. Mollen, P. J., Hopkins, Damiani and Mangano, JJ., concur. [102 Misc 2d 570.]

Free access — add to your briefcase to read the full text and ask questions with AI

In an action, inter alia, to permanently enjoin defendants from terminating plaintiff’s Volvo dealership, plaintiff appeals from an order of the Supreme Court, Westchester County, entered January 3, 1980, which denied its motion pursuant to section 198 of the General Business Law for a preliminary injunction. Order reversed, without costs or disbursements, and motion for a preliminary injunction granted. The parties are directed to complete all discovery and to proceed to trial within 45 days after entry of the order to be made hereon, in accordance with the decision herein. Under the particular circumstances of this case, we find that if a preliminary injunction is not granted, the relative hardship which would be suffered by plaintiff greatly outweighs any benefit which might accrue to defendants. In view of the conflicting papers and affidavits submitted by the parties, we find that there exist many factual issues which can only be resolved at trial. We therefore conclude that the status quo should be preserved pending an early trial of the issues. Plaintiff is directed to file a note of issue, pay all necessary fees and the parties are directed to proceed to trial within 45 days after entry of the order to be made hereon. Mollen, P. J., Hopkins, Damiani and Mangano, JJ., concur. [102 Misc 2d 570.]

Cite This Page — Counsel Stack

Bluebook (online)

74 A.D.2d 846, 425 N.Y.S.2d 970, 1980 N.Y. App. Div. LEXIS 10610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tappan-motors-inc-v-volvo-of-america-corp-nyappdiv-1980.

Opinion

Related

Cite This Page — Counsel Stack