SYRACUSE SUPPLY CO. v. RY. EXPRESS AGENCY, INC.


27 A.D.2d 635 (1966)

Syracuse Supply Company, Appellant, v. Railway Express Agency, Inc., et al., Respondents

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

December 8, 1966


Judgment unanimously affirmed, with costs.

Memorandum:

The trial court correctly determined that on the law and the facts and in the exercise of a sound discretion it would be inequitable to grant injunctive relief and enforce the covenant as demanded. It further found that the plaintiff was guilty of laches in that it should have known of the violation from the moment the construction started. The record does not support a finding of laches and, furthermore...

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