Wm. Rosen Monuments, Inc. v. Phil Madonick Monuments, Inc.

In an action, inter alia, to recover damages for libel, defendants appeal from an order of the Supreme Court, Kings County, dated March 17, 1977, which granted plaintiff’s motion for a preliminary injunction enjoining defendants from displaying an allegedly tortious sign in their shop window and from making certain allegedly tortious statements regarding plaintiff’s business establishment. Order reversed, with $50 costs and disbursements, and motion denied. Plaintiff alleges a prima facie tort as the underlying claim in support of the preliminary injunction. However, the affidavits of the…