Excello Arc Lamp Co. v. Armstrong — 135 N.Y.S. 1110

Majority

p. 1110

EXCELLO ARC LAMP CO. v. ARMSTRONG et al.

(Supreme Court, Appellate Division, First Department.

May 24, 1912.)

p. 1111

Headnote

Appeal from Special Term, New York County. Action by the Excello Arc Lamp Company against George W. Armstrong and others. Prom an order granting a temporary injunction, defendants appeal. Reversed, and motion for temporary injunction denied.

Antonio Knauth, for appellants. George C. Lay, for respondent.

The right of the plaintiff to the relief sought is not so clearly established by the evidence herein as to justify the issuance of a temporary injunction. The order appealed from should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.