Appellate Division of the Supreme Court of New York, 1948

Italian Cook Oil Corp. v. Alan Porter Lee, Inc.

Italian Cook Oil Corp. v. Alan Porter Lee, Inc.
Appellate Division of the Supreme Court of New York · Decided March 29, 1948
273 A.D. 916; 78 N.Y.S.2d 759; 1948 N.Y. App. Div. LEXIS 5268
Italian Cook Oil Corp. v. Alan Porter Lee, Inc.

Opinion of the Court

Plaintiff, a domestic corporation, brought an action against defendant, also a domestic corporation, and another, for breach of a contract entered into in New York. Defendants’ answer was a general denial. Thereafter the corporate defendant commenced an action in New Jersey in connection with the same contract. Plaintiff then commenced an independent action (the present action) to restrain the corporate defendant from prosecuting the New Jersey action. Plaintiff’s motion for an injunction pendente lite was denied. Plaintiff appeals. Order affirmed, with $10 costs and disbursements. No opinion. Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur. [See post, p. 973.]

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