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ROSA HAIR STYLISTS, INC. v. JABER FOOD CORP.

218 A.D.2d 793 (1995)

631 N.Y.S.2d 167

Rosa Hair Stylists, Inc., Respondent, v. Jaber Food Corp., Doing Business as Trade Fair, Appellant

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

August 28, 1995

Ordered that the order dated March 16, 1995, is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for a preliminary injunction is denied.

The Supreme Court did not improvidently exercise its discretion when it, in effect, vacated its prior order, which was entered without opposition. The defendant showed that it did not have actual notice of the plaintiff's motion and it had a meritorious...

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