Opinion
February, 1936.
Action to restrain defendants from conducting a business similar to that conducted by plaintiff, a lessee of one of the defendants. The complaint was dismissed, without testimony being taken, on the ground that it did not state a cause of action. Order dismissing the complaint reversed on the law and a new trial granted, with ten dollars costs and disbursements to appellant to abide the event, on the authority of Al Raschid v. News Syndicate Co. ( 265 N.Y. 1); Tuttle v. Buck ( 107 Minn. 145; 119 N.W. 946); Dunshee v. Standard Oil Co. ( 152 Iowa, 618, 624; 132 N.W. 371; 36 L.R.A. [N.S.] 263); Amer. Bank Trust Co. v. Federal Bank ( 256 U.S. 350). Lazansky, P.J., Young, Hagarty, Johnston and Taylor, JJ., concur.