Legal Opinion

Harry Rogers Theatrical Enterprises Inc. v. Comstock

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1928PublishedCited by 12 opinions

1Opinion of the CourtFinch, J.

The question presented by this appeal is the right to an injunction pendente lite enjoining a theatrical performer from rendering services to another than his employer and enjoining the third party from so employing him. The injunction was denied at Special Term.

The plaintiff corporation or its assignor had a five-year contract, starting in 1923, with the defendant Comstock, professionally known as “ Billy House.” Before this contract expired and in 1927, a new contract for four years, or until 1931, was entered into by the plaintiff with the defendant Comstock. Defendant Shubert and…

2Cases cited4 opinions

  1. Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
  2. Lawrence v. DixeyAppellate Division of the Supreme Court of the State of New York · 1907
  3. Shubert Theatrical Co. v. GallagherAppellate Division of the Supreme Court of the State of New York · 1923
  4. Winter Garden Co. v. SmithCourt of Appeals for the Second Circuit · 1922

3Cited by12 opinions

  1. García v. World Wide Entertainment Co.Supreme Court of Puerto Rico · 1992
  2. American Broadcasting Companies, Inc. v. WolfAppellate Division of the Supreme Court of the State of New York · 1980
  3. MacHen v. JohanssonDistrict Court, S.D. New York · 1959
  4. Madison Square Garden Boxing, Inc. v. ShaversDistrict Court, S.D. New York · 1977
  5. Lewis v. RahmanDistrict Court, S.D. New York · 2001

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