SCHWARTZ v. HEBREW NATL.


130 Misc.2d 942 (1986)

Ben Schwartz, Plaintiff, v. Hebrew National, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

January 15, 1986


Attorney(s) appearing for the Case

Paul E. Kerson for plaintiff. Sloan & Luks for J.J. Gross and Company, Inc., defendant.


EUGENE P. BAMBRICK, J.

In an action pursuant to Civil Rights Law § 51, where plaintiff's complaint seeks damages in the sum of $1,000,000, but no demand is made therein for injunctive relief, can the plaintiff obtain a preliminary injunction?

Such is the question to be addressed in this application by plaintiff for an order restraining the defendants from using the alleged picture of plaintiff in an advertising campaign.

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