Glove City Amusement Co. v. Smalley Chain Theatres, Inc.
New York Supreme Court
1Opinion of the CourtPersonius, J.
The complaint alleges two causes of action. In a prior action for a permanent injunction brought by this defendant against this plaintiff, a temporary injunction was issued restraining this plaintiff, among other things, from interfering with the operation of the Hamilton Theatre by this defendant. Upon the granting of the temporary injunction this defendant entered into an undertaking for the payment of any damages caused by the temporary injunction. The first cause of action here is brought on this undertaking. The second cause of action is brought to *604recover for the use and occupation of…
2Cases cited5 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Livingston v. BlumenthalAppellate Division of the Supreme Court of the State of New York · 1936
- Frank v. WolfeNew York Supreme Court · 1938
- Fuller v. American Surety Co.Appellate Terms of the Supreme Court of New York · 1934
3Cited by3 opinions
- Humber v. National Surety Corp.City of New York Municipal Court · 1957
- McCarthy v. Schor & RosnerNew York Supreme Court · 1959
- Appeal Printing Co. v. LevineCivil Court of the City of New York · 1971