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King Records, Inc. v. Brown

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1970
35 A.D.2d 661 (N.Y. App. Div. 1970)

Opinion

September 29, 1970


Order entered July 24, 1968, unanimously affirmed, and that the respondent recover of the appellants $30 costs and disbursements. In affirming we do not give approval to the practice here involved. Plaintiff obtained a preliminary injunction in 1964. The case has not yet come to trial. However, this ground for dissolving the injunction was not presented to Special Term and is advanced for the first time on this appeal. We cannot discount the possibility that plaintiff may have an adequate answer. This is made more probable by the consideration that defendants waited over two years to bring on this appeal.

Concur — Eager, J.P., Nunez, Steuer and Tilzer, JJ.


Summaries of

King Records, Inc. v. Brown

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1970
35 A.D.2d 661 (N.Y. App. Div. 1970)
Case details for

King Records, Inc. v. Brown

Case Details

Full title:KING RECORDS, INC., Respondent, v. JAMES BROWN et al., Defendants, and…

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

Date published: Sep 29, 1970

Citations

35 A.D.2d 661 (N.Y. App. Div. 1970)