Appellate Division of the Supreme Court of New York, 1954

Meshel v. Phoenix Hosiery Co.

Meshel v. Phoenix Hosiery Co.
Appellate Division of the Supreme Court of New York · Decided February 16, 1954
283 A.D. 706; 128 N.Y.S.2d 543; 1954 N.Y. App. Div. LEXIS 5009
Meshel v. Phoenix Hosiery Co.

Opinion of the Court

Order unanimously affirmed, with $20 costs and disbursements to the respondent. We see no purpose in granting a temporary injunction under the existing circumstances. However, we think that there should be an immediate trial of the issues in this action including the merits of the dispute existing concerning the validity of the arrangement with Mclver. On the facts disclosed Special Term properly exercised its discretion in denying the injunction pendente lite. Settle order on notice. Present — Dore, J. P., Cohn, Callahan and Botein, JJ.

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