Appellate Division of the Supreme Court of New York, 1975

Mercury Service Systems, Inc. v. Schmidt

Mercury Service Systems, Inc. v. Schmidt
Appellate Division of the Supreme Court of New York · Decided November 13, 1975
50 A.D.2d 533; 375 N.Y.S.2d 12; 1975 N.Y. App. Div. LEXIS 12247
Mercury Service Systems, Inc. v. Schmidt

Opinion of the Court

Order, Supreme Court, New York County, entered May 5, 1975, unanimously affirmed. Respondents shall recover of appellant $40 costs and disbursements of this appeal. Denial of an injunction pendente lite against solicitation of plaintiff-appellant’s customers is amply justified by delay of three and one-half months in seeking this relief. In the interval, had plaintiff moved with dispatch consonant with a threat of truly irreparable harm, all issues could well have been resolved at a plenary trial. Further, there is no clear showing of a right to the relief sought. Concur — Stevens, P. J., Markewich, Murphy, Lupiano arid Lane, JJ.

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