O'Henry's Film Works, Inc. v. Nabisco, Inc.

Judgment, Supreme Court, New York County (Wright, J.), entered July 9, 1984, granting defendant’s motion to dismiss the complaint pursuant to CPLR 3211, reversed on the law and the motion denied, with costs and disbursements. The complaint seeks injunctive relief under General Business Law § 368-d. Special Term held that "[¡judicial economy * * * demands dismissal of plaintiff’s pleading” because it found that plaintiff would not ultimately succeed in obtaining an injunction. The prospect of a pleading’s success is not the criterion by which it should be adjudged under CPLR 3211 (see, People…