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Solomon v. Pepsi-Cola Company

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 323 (N.Y. App. Div. 1988)

Opinion

May 2, 1988

Appeal from the Supreme Court, Queens County (Graci, J.).


Ordered that the order is affirmed, with costs.

The defendant's motion for summary judgment was properly granted where the plaintiff failed to establish the irreparable harm necessary to support injunctive relief. If the plaintiff has already suffered injury, an action for monetary damages is available; and the plaintiff may avoid any alleged future injury from the defendant's product by refraining from any further use of that product (see, Multi Media Entertainment v National Telefilm Assocs., 58 A.D.2d 785). Mangano, J.P., Kunzeman, Rubin and Harwood, JJ., concur.


Summaries of

Solomon v. Pepsi-Cola Company

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 323 (N.Y. App. Div. 1988)
Case details for

Solomon v. Pepsi-Cola Company

Case Details

Full title:STANLEY SOLOMON, Appellant, v. PEPSI-COLA COMPANY, Respondent

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

Date published: May 2, 1988

Citations

140 A.D.2d 323 (N.Y. App. Div. 1988)