O'Neill v. Poitras
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiffs’ action is essentially one for breach of contract for the sale of a business. Injunctive relief is not appropriate in actions involving breach of contract where a plaintiff has an adequate remedy at law (see, Chicago Research & Trading v New York Futures Exch., 84 AD2d 413, 416; Haulage Enters. *929Corp. v Hempstead Resources Recovery Corp., 74 AD2d 863, 864). The facts with respect to whether the Poitrases made any misrepresentations as to the validity of a so-called extension agreement executed by Buffalo Raceway are sharply in dispute and, under such circumstances, a preliminary…
2Cases cited7 opinions
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Family Affair Haircutters, Inc. v. DetlingAppellate Division of the Supreme Court of the State of New York · 1985
- Haulage Enterprises Corp. v. Hempstead Resources Recovery Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Newco Waste Systems, Inc. v. SwartzenbergAppellate Division of the Supreme Court of the State of New York · 1986
- Chiat/Day Inc., Advertising v. KalimianAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by2 opinions
- Reuben H. Donnelley Corp. v. Mark I Marketing Corp.District Court, S.D. New York · 1995
- Amity Loans, Inc. v. Sterling National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1991