MERCURY SERV. SYS., INC. v. SCHMIDT


50 A.D.2d 533 (1975)

Mercury Service Systems, Inc., Appellant, v. Milton Schmidt et al., Respondents, et al., Defendant

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

November 13, 1975


Respondents shall recover of appellant $40 costs and disbursements of this appeal. Denial of an injunction pendente lite against solicitation of plaintiff-appellant's customers is amply justified by delay of three and one-half months in seeking this relief. In the interval, had plaintiff moved with dispatch consonant with a threat of truly irreparable harm, all issues could well have been resolved at a plenary trial. Further, there is no clear showing of a right to...

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