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Surburg v. Kalil's Restaurant Co.

140 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1913-02-28 English

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p. 1147
SURBURG v. KALIL’S RESTAURANT CO.
(Supreme Court, Appellate Division, First Department.
February 28, 1913.)

Headnote

Appeal from Special Term, New York County. Action by John W. Surburg against Kalil’s Restaurant Company. From an order continuing an injunction pendente lite, defendant appeals. Reversed, and motion for temporary injunction denied. E. S. Clinch, of New York City, for appellant. L., B. Boudin, of New York City, for respondent.

Without passing upon the question as to whether the plaintiff would be entitled to any relief upon the trial of the action, we think the order appealed from should be reversed, with $10 costs and disbursements, and the motion for a temporary injunction denied, with $10 costs.