Wyckoff Amusement Co. v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel Kaplan and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of December, 1917 granting a preliminary injunction.
1Opinion of the Court
Jenks, P. J.:
There is no cogent reason for trial of this case upon affidavits. As we said in Mills v. United States Printing Co. (99 App. Div. 605, 608): “ It may be that the judgment upon trial will be far different from any preliminary relief which- this record justifies. (See Warsaw Water Works Co. v. Warsaw, 4 App. Div. 509; Meyers v. City of New York, 58 id. 534.) ”
The order is expressly limited to acts that constitute threats, or intimidation, or fraud, or injury to the person, property or business of the plaintiff, etc. It does not by implication prohibit acts which the law recognizes…
2Cases cited2 opinions
- Mills v. United States Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Warsaw Water Works Co. v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Michaels v. HillmanNew York Supreme Court · 1920