DAMON CREATIONS, INC. v. JAMES TALCOTT, INC.


39 A.D.2d 677 (1972)

Damon Creations, Inc., Respondent, v. James Talcott, Inc., Appellant. (Action No. 1.) Damon Creations, Inc., Respondent, v. First National Factors of Boston, Appellant. (Action No. 2.)

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

May 16, 1972


Unanimously modified, on the law and on the facts and in the exercise of discretion, to strike the first three decretal paragraphs thereof, plaintiff's motion for a preliminary injunction denied with costs, and the order otherwise affirmed. Appellants shall recover of respondent one bill of $30 costs and disbursements of these appeals.

We conclude that it was an improvident exercise of discretion to enjoin the defendant James Talcott, Inc., from seeking and receiving...

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