WEISNER v. 791 PARK AVE. CORP.


11 A.D.2d 656 (1960)

Sidney Weisner, Respondent, v. 791 Park Avenue Corporation, Appellant, et al., Defendant

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

June 14, 1960


Order unanimously reversed on the law and on the facts and a new trial ordered, with $20 costs and disbursements to appellant to abide the event.

In our opinion, appellant was entitled, pursuant to the provisions of section 894 of the Civil Practice Act, to an award in some amount for the damages sustained by it by reason of the injunction. In passing on this issue, however, consideration should be given to the nature of the restraint placed upon appellant as distinguished...

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