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Koussevitzky v. Allen, Towne & Heath, Inc.

272 A.D.2d 759 Court N.Y. App. Div. Decision date 1947-04-18 English

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p. 759
(April 18, 1947.)
Serge Koussevitzky, Appellant, v. Allen, Towne & Heath, Inc., et al., Respondents, et al., Defendants.

The order denying a temporary injunction should be affirmed, with $20 costs and disbursements to the respondents.

Our affirmance of the order should not be construed as a determination by this court that injunctive relief may not be had to restrain the publication of defamatory statements in a proper case. Suffice it to say that the record before us does not furnish any proper basis for the granting of a temporary injunction.

Martin, P. J., Glennon, Dore, Cohn and Van Voorhis, JJ., concur.

Order unanimously affirmed, with $20 costs and disbursements. [ 188 Misc. 479 .] [See post, p. 794.]

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