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Madison 52nd Corporation v. Ogust

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1966
25 A.D.2d 645 (N.Y. App. Div. 1966)

Opinion

March 31, 1966


Order, entered December 14, 1965, granting plaintiff's motion for temporary injunction, unanimously affirmed, with $30 costs and disbursements to plaintiff-respondent, without prejudice to defendant's right, if any, to a recovery against the plaintiff for damages sustained by reason of alleged wrongful acts of plaintiff, including unreasonable or wrongful acts, if any, occurring during the period of the temporary injunction and not authorized by the terms thereof. Special Term, in its memorandum decision, determined that "Any claim for damages either party has against the other is reserved." Counsel for plaintiff agreed on the argument of the appeal that an affirmance of the order might be predicated upon the aforesaid condition.

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


Summaries of

Madison 52nd Corporation v. Ogust

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1966
25 A.D.2d 645 (N.Y. App. Div. 1966)
Case details for

Madison 52nd Corporation v. Ogust

Case Details

Full title:MADISON 52ND CORPORATION, Respondent v. CATHERINE L. OGUST, Doing Business…

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

Date published: Mar 31, 1966

Citations

25 A.D.2d 645 (N.Y. App. Div. 1966)