Paris Modes Co. v. Simon — 123 N.Y.S. 1133

Majority

p. 1133

PARIS MODES CO. v. SIMON.

(Supreme Court, Appellate Division, First Department.

May 27, 1910.)

Headnote

Appeal from Special Term, New York County. Action by the Paris Modes Company against Aaron Simon. From an order granting a motion for an injunction during the pendency of the action, defendant appeals.

Reversed.

Samuel Scoville, Jr., for appellant.

John J. Crawford, for respondent.

The order is reversed, with $10 costs and disbursements, and the motion denied, with $10 costs, without passing upon the question whether the plaintiff upon a trial would be entitled to a final injunction specifically enforcing this agreement.

DOWLING, J., dissents.