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COLUMBUS COSMETIC v. SHOPPERS FAIR

26 A.D.2d 391 (1966)

Columbus Cosmetic Corp., Appellant, v. Shoppers Fair of South Bend, Inc., et al., Respondents

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

November 23, 1966.

Attorney(s) appearing for the Case

Howard M. Squadron of counsel (Lawrence H. Rogovin with him on the brief; Squadron & Plesent, attorneys), for appellant.

Anthony J. D'Auria of counsel (Herbert J. Deitz with him on the brief; Cole & Deitz, attorneys), for respondents.

BOTEIN, P. J., BREITEL, McNALLY and STEUER, JJ., concur.

WITMER, J.

The plaintiff appeals from an order made at Special Term denying its application for a preliminary injunction under CPLR 6301. The denial was upon the ground that the plaintiff had failed to make a prima facie showing that it would be damaged by the proposed acts of the defendants which the plaintiff seeks to enjoin, and in any event that the plaintiff has an adequate remedy at law. We reach a different...

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