Legal Opinion

Breslerman v. American Liberty Insurance

New York Supreme Court

Decided March 13, 1959Published

1Opinion of the CourtJohn E. Cone, J.

In this action seeking an injunction restraining the defendants from proceeding with their actions against the plaintiff in the Circuit Court of the City of Norfolk, Va., plaintiff moves for an injunction pendente lite pursuant to section 878 of the Civil Practice Act restraining the defendants during the pendency of this action from proceeding with their actions in Virginia.

Defendant, Commercial Union Fire Insurance Company of New York, cross-moves for an order dismissing the action on the ground that the same causes of action have already been removed to the United States District Court and…

2Cases cited8 opinions

  1. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  2. Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
  3. Southern Railway Co. v. MillerSupreme Court of the United States · 1910
  4. United States Ex Rel. Fairbanks Morse & Co. v. Bero Construction Corp.District Court, S.D. New York · 1957
  5. Fire Ass'n v. General Handkerchief Corp.New York Court of Appeals · 1952

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