Legal Opinion

Apollo Stationery Co. v. Pilmar

New York Supreme Court

Decided April 21, 1958PublishedCited by 1 opinion

1Opinion of the CourtMorris E. Spector, J.

Defendants seek to resettle an order denying an injunction pendente lite and vacating a temporary restraining order wherein it was provided that the undertaking given to secure defendants under the terms of the temporary restraining order was cancelled. It was the intention of this court that such cancellation would he prospective in nature but defendants have asserted that the surety company takes the position that the cancellation would relieve them of all liability for the period of the effectiveness of the temporary restraining order. Although the surety is entitled to be relieved of all…

2Cases cited3 opinions

  1. Musgrave v. . SherwoodNew York Court of Appeals · 1879
  2. J.J. Newberry Co. v. Baker, Renschen, Newton, Etc.Missouri Court of Appeals · 1947
  3. Matter of MiddlebrookNew York Court of Appeals · 1939

3Cited by1 opinion

  1. Hughes v. JosephNew York Supreme Court · 1961

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