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EXCELSIOR CHEM. CO. v. SIMON

26 Misc.2d 202 (1960)

Excelsior Exterminating & Chemical Co., Inc., for Itself and for All Others Similarly Situated, Plaintiff, v. Justin Simon et al., as Trustees, Severally and Jointly, of the Exterminating Industry Employers and of the Exterminating Industry, New York Pest Control Association, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

May 9, 1960

Attorney(s) appearing for the Case

Mayer, Weiner & Mayer for defendants. Alfred A. Chaison for plaintiff.

THOMAS A. AURELIO, J.

Motion for a temporary injunction. The action herein is for an accounting, removal of trustees, permanent injunction and other incidental relief.

Issue was joined on August 18, 1959. At the outset, the court states that it is confining itself on this motion to the issues in the action and possible result therefrom. Collateral issues or extraneous matters, in which relief may be had in appropriate actions, are considered only...

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