Legal Opinion

Peekskill Coal & Fuel Oil Co. v. Martin

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

Decided November 19, 1951PublishedCited by 7 opinions

1Opinion of the Court

*670The scope of the temporary injunction appealed from is not justified by the alleged facts. (Clark Paper & Mfg. Co. v. Stenacher, 236 N. Y. 312; Murray v. Cooper, 268 App. Div. 411.) Aside from his knowledge of plaintiffs’ customers and their credit status, the record discloses no special or specific factor which would move equity to prohibit defendant from soliciting orders from persons not customers of plaintiffs. Whether plaintiffs have suffered damage and whether equity should enforce the. negative covenant in its entirety, or to what extent, cannot be determined until all the…

2Cases cited3 opinions

  1. Clark Paper & Manufacturing Co. v. StenacherNew York Court of Appeals · 1923
  2. Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
  3. Murray v. CooperAppellate Division of the Supreme Court of the State of New York · 1944

3Cited by7 opinions

  1. Gambar Enterprises, Inc. v. Kelly Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
  2. Tucker v. ToiaAppellate Division of the Supreme Court of the State of New York · 1976
  3. Moody v. FilipowskiAppellate Division of the Supreme Court of the State of New York · 1989
  4. Monroe Coverall Service, Inc. v. BosnerAppellate Division of the Supreme Court of the State of New York · 1954
  5. Board of Higher Education v. MarcusNew York Supreme Court · 1970

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API