Yonkers Family Laundry Service Corp. v. Yonkers New System Laundry, Inc.

Appellate Division of the Supreme Court of New York

Yonkers Family Laundry Service Corp. v. Yonkers New System Laundry, Inc.

224 A.D. 745, 229 N.Y.S. 926

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1928·Published·Cited by 1 cases

Opinion

Order denying plaintiff’s motion for injunction pendente lite affirmed, with ten dollars costs and disbursements. We are of opinion that a determination of plaintiff’s right to enjoin defendant’s use of the words in question should not be made on conflicting affidavits, but should await the trial, when the facts may be fully developed. There can be a speedy trial in Westchester county and plaintiff will not be prejudiced by the short delay. We, therefore, affirm the order as a matter of discretion and not as a matter of law. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.

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

Order denying plaintiff’s motion for injunction pendente lite affirmed, with ten dollars costs and disbursements. We are of opinion that a determination of plaintiff’s right to enjoin defendant’s use of the words in question should not be made on conflicting affidavits, but should await the trial, when the facts may be fully developed. There can be a speedy trial in Westchester county and plaintiff will not be prejudiced by the short delay. We, therefore, affirm the order as a matter of discretion and not as a matter of law. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.

Yonkers Family Laundry Service Corp. v. Yonkers New System Laundry, Inc., 224 A.D. 745, 229 N.Y.S. 926 (N.Y. Ct. App. 1928).

Pincite

224 A.D. 745 (Yonkers Family Laundry Service Corp. v. Yonkers New System Laundry, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related