KEMP'S BUS SERVICE, INC. v. LIVINGSTON-WYOMING CHAPTER OF NYSARC, INC.


267 A.D.2d 1085 (1999)

701 N.Y.S.2d 575

KEMP'S BUS SERVICE, INC., Respondent, v. LIVINGSTON-WYOMING CHAPTER OF NYSARC, INC., Appellant.

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

Decided December 30, 1999.


Order insofar as appealed from unanimously reversed on the law with costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court should have granted defendant's motion for summary judgment in its entirety and dismissed the complaint. The court dismissed the first cause of action based on plaintiff's stipulation. In the second cause of action, plaintiff sought a permanent injunction enjoining defendant from engaging in commercial transportation...

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