Legal Opinion

O'Neill v. Poitras

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1990PublishedCited by 2 opinions

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

  1. Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
  2. Family Affair Haircutters, Inc. v. DetlingAppellate Division of the Supreme Court of the State of New York · 1985
  3. Haulage Enterprises Corp. v. Hempstead Resources Recovery Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  4. Newco Waste Systems, Inc. v. SwartzenbergAppellate Division of the Supreme Court of the State of New York · 1986
  5. Chiat/Day Inc., Advertising v. KalimianAppellate Division of the Supreme Court of the State of New York · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Reuben H. Donnelley Corp. v. Mark I Marketing Corp.District Court, S.D. New York · 1995
  2. Amity Loans, Inc. v. Sterling National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1991

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