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Audio Fidelity, Inc. v. Dukes of Dixieland

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1964
20 A.D.2d 776 (N.Y. App. Div. 1964)

Opinion

March 19, 1964


Order, entered on December 24, 1963, unanimously modified, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, to delete the third and fourth decretal paragraphs providing for an early trial. The direction for an early trial, amounting to the granting of a preference, is not justified by the record and runs counter to the provisions of rules of the court providing for the "consent of the parties" as a condition precedent to the granting of an immediate trial where an application is made for a temporary injunction. (New York and Bronx Counties Supreme Ct. Rules, rule VIII, subd. 1, par. [e]; cf. Morton New York City Corp. v. Wolfson, 15 A.D.2d 645.)

Concur — Botein, P.J., Valente, McNally, Stevens and Eager, JJ.


Summaries of

Audio Fidelity, Inc. v. Dukes of Dixieland

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1964
20 A.D.2d 776 (N.Y. App. Div. 1964)
Case details for

Audio Fidelity, Inc. v. Dukes of Dixieland

Case Details

Full title:AUDIO FIDELITY, INC., Respondent, v. DUKES OF DIXIELAND, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 19, 1964

Citations

20 A.D.2d 776 (N.Y. App. Div. 1964)

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