Appellate Division of the Supreme Court of New York, 1946

A. H. Arnold Co. v. Columbia Machine Works, Inc.

A. H. Arnold Co. v. Columbia Machine Works, Inc.
Appellate Division of the Supreme Court of New York · Decided October 7, 1946
271 A.D.2d 786
A. H. Arnold Co. v. Columbia Machine Works, Inc.

Opinion of the Court

Order granting an injunction pendente lite, affirmed, with $10 costs and disbursements. The order does not necessarily require the delivery of any of the machines to plaintiff on credit. In fact, plaintiff accedes to the interpretation that it requires delivery to it only upon payment of cash._ In view of plaintiff’s own interpretation, there is no need to clarify the order in this respect. The parties should proceed forthwith to a trial of the action on the merits. Lewis, P. J., Carswell, Johnston, Adel and Aldrich, JJ., concur.

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