Legal Opinion

Levine v. Nolan Motors, Inc.

New York Supreme Court

Decided August 16, 1938PublishedCited by 7 opinions

1Opinion of the CourtSchmuck, J.

Motion to dismiss the complaint here on the ground that it fails to state facts sufficient to constitute a cause of action granted. The complaint fails to allege a cause in equity entitling them to injunctive relief. A review of the facts alleged in the complaint fails to show that plaintiffs are without adequate remedy at law. The unvarying guide is that a pleading must show factually that irreparable injury is threatened and will result, and that full compensation cannot be had at la w. A mere allegation of irreparable injury unsupported by fact or circumstance tending *1026to justify it will…

2Cases cited14 opinions

  1. Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
  2. McHenry v. . JewettNew York Court of Appeals · 1882
  3. General Motors Acceptance Corp. v. WeinrichMissouri Court of Appeals · 1924
  4. London v. ToneyNew York Court of Appeals · 1934
  5. E. Tris Napier Co. v. TrawickSupreme Court of Georgia · 1927

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3Cited by7 opinions

  1. Seebold v. EustermannSupreme Court of Minnesota · 1944
  2. Bell v. Idaho Finance Co.Idaho Supreme Court · 1953
  3. Steffenauer v. Mytelka & Rose, Inc.New Jersey Superior Court Appellate Division · 1965
  4. DeSimon v. Ogden AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
  5. Thomas v. Knickerbocker Operating Co.New York Supreme Court · 1951

2 more not listed; retrieve them via the Exa API.

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