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Automobile Club Service, Inc. v. Gottlieb

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1947
272 App. Div. 880 (N.Y. App. Div. 1947)

Opinion

June 17, 1947.

Present — Glennon, Dore, Cohn, Peck and Van Voorhis, JJ.;

Present — Glennon, Dore, Cohn, Peck and Van Voorhis, JJ.;


Order denying defendants' motion to dismiss the complaint as insufficient in law affirmed, with $10 costs and disbursements. No opinion.


Peck and Van Voorhis, JJ., dissent and vote to reverse and grant the motion. Order granting plaintiff's motion for an injunction pendente lite unanimously reversed, with $10 costs and disbursements, and the motion denied on the ground that upon the papers submitted there is insufficient basis for granting the drastic remedy of injunction pendente lite.


Peck and Van Voorhis, JJ., concur in the result on the ground that in their opinion the complaint fails to state facts sufficient to constitute a cause of action. [See post, p. 962.]


Summaries of

Automobile Club Service, Inc. v. Gottlieb

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1947
272 App. Div. 880 (N.Y. App. Div. 1947)
Case details for

Automobile Club Service, Inc. v. Gottlieb

Case Details

Full title:AUTOMOBILE CLUB SERVICE, INC., Respondent, v. WILLIAM J. GOTTLIEB et al.…

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

Date published: Jun 17, 1947

Citations

272 App. Div. 880 (N.Y. App. Div. 1947)