Zierick Manufacturing Corp. v. Stewart Stamping Corp.

Appellate Division of the Supreme Court of New York

Zierick Manufacturing Corp. v. Stewart Stamping Corp.

257 A.D. 935, 13 N.Y.S.2d 108, 1939 N.Y. App. Div. LEXIS 8504

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 1939·Published

Opinion

While we agree in the main with the conclusions arrived at by the referee, we think an injunction should have been granted against the usé of the articles alleged to have been stolen and the Use of any information obtained thereby. Judgment as amended unanimously modified accordingly, without costs. The findings inconsistent with this determination should be reversed and such new findings made of facts proved on the trial as are necessary to sustain the judgment hereby awarded. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Cohn and Callahan, JJ.

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While we agree in the main with the conclusions arrived at by the referee, we think an injunction should have been granted against the usé of the articles alleged to have been stolen and the Use of any information obtained thereby. Judgment as amended unanimously modified accordingly, without costs. The findings inconsistent with this determination should be reversed and such new findings made of facts proved on the trial as are necessary to sustain the judgment hereby awarded. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Cohn and Callahan, JJ.

Zierick Manufacturing Corp. v. Stewart Stamping Corp., 257 A.D. 935, 13 N.Y.S.2d 108, 1939 N.Y. App. Div. LEXIS 8504 (N.Y. Ct. App. 1939).

Pincite

257 A.D. 935 (Zierick Manufacturing Corp. v. Stewart Stamping Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.