Summary
In Fucci v. Cloder (254 A.D. 487) it again appeared that the injunction sought was against selling at prices less than those "fixed by manufacturer and others."
Summary of this case from Automotive Elec. Serv. Corp. v. Times Sq. Stores Corp.Opinion
June 24, 1938.
Appeal from Supreme Court of New York County.
Edward W. Stitt, Jr., of counsel [ Charles F. Krause, Jr., with him on the brief; Walton, Bannister Stitt, attorneys], for the appellants.
Jesse Gruber of counsel [ Gruber Gruber, attorneys], for the respondent.
Present — O'MALLEY, TOWNLEY, UNTERMYER, DORE and COHN, JJ.
Orders unanimously affirmed, with twenty dollars costs and disbursements.
While plaintiffs state a good cause of action and should prevail upon a trial if their allegations are sustained by proof ( Old Dearborn Co. v. Seagram Corp., 299 U.S. 183; Bourjois Sales Corp. v. Dorfman, 273 N.Y. 167; Port Chester Wine Liquor Shop, Inc., v. Miller Bros., 253 App. Div. 188), we think that upon the papers in support of the original motion for a preliminary injunction, the facts were not sufficiently established to warrant the granting of the temporary relief sought. It is to be noted that the action itself, if expeditiously prosecuted, might have been disposed of by trial at Special Term long before the argument of this appeal.
The orders should be, accordingly, affirmed, with twenty dollars costs and disbursements.