Schulte v. Petruzzi
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an order of the Supreme Court, entered on the 9th day of April, 1913, denying his motion to vacate an order for Ms examination before trial.
1Opinion of the Court
Scott, J.:
The action is for an injunction to restram defendant, for-merely plaintiff’s partner, from soliciting former customers of the firm and otherwise using its good will. The complaint contains the allegations usual in such eases, as to what defendant is domg and has done. The answer consists mainly of denials except as to some relatively unimportant matters which are admitted and embraces no affirmative defense. As was said by this court m Oakes v. Star Company (119 App. Div. 358): “ It is still necessary to show, by the recitation of appropriate facts and circumstances, that the…
2Cases cited1 opinion
- Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Horenstein v. MarksAppellate Division of the Supreme Court of the State of New York · 1913