MATTER OF LYKENS HOSIERY MILLS, INC. v. ELDER HOSIERY MILL, INC.


11 A.D.2d 664 (1960)

In the Matter of Lykens Hosiery Mills, Inc., Respondent, v. Elder Hosiery Mill, Inc., et al., Respondents, and Barnard Hosiery Co., Inc., Appellant

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

June 21, 1960


MEMORANDUM BY THE COURT.

Order granting petitioner's application for an injunction, pursuant to section 964 of the Penal Law, dated July 14, 1958, reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to respondent-appellant, and the petition dismissed, with $10 costs. The right to an injunction under the summary procedure afforded by section 964 of the Penal Law must be "established in a clear and convincing manner...

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