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ABALENE PEST CONTROL SERV., INC. v. POWELL

8 A.D.2d 849 (1959)

Abalene Pest Control Service, Inc., Appellant, v. Eugene H. Powell, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 29, 1959

Order affirmed, without costs.

Although the Justice who made the temporary injunction order found that respondent had solicited a number of customers formerly serviced by appellant's assignor, that finding made on an application for a provisional remedy was not binding on respondent on this motion. (Bannon v. Bannon, 270 N.Y. 484). There is no other proof in this record of actual solicitation of the customers of appellant...

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