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Edgeworth Food Corporation v. Stephenson

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1976
53 A.D.2d 588 (N.Y. App. Div. 1976)

Opinion

June 24, 1976


Order, Supreme Court, New York County, entered April 21, 1976, denying plaintiff's motion for a preliminary injunction, is unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Plaintiff has failed to show a clear right to the drastic remedy of preliminary injunction. (Park Terrace Caterers v McDonough, 9 A.D.2d 113, 114.) There are questions as to whether time was of the essence in this contract and whether plaintiff was able and willing to perform on the stipulated closing date. Furthermore, the balance of convenience and relative hardship — the harm to plaintiff from denial of the injunction as against the harm to defendant from granting it — does not tip in plaintiff's favor. Defendant has a contract to sell the business on substantially more favorable terms, which may be lost if preliminary injunction delays the transaction too long.

Concur — Kupferman, J.P., Silverman, Capozzoli, Lane and Nunez, JJ.


Summaries of

Edgeworth Food Corporation v. Stephenson

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1976
53 A.D.2d 588 (N.Y. App. Div. 1976)
Case details for

Edgeworth Food Corporation v. Stephenson

Case Details

Full title:EDGEWORTH FOOD CORPORATION, Appellant, v. GARRICK C. STEPHENSON et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1976

Citations

53 A.D.2d 588 (N.Y. App. Div. 1976)

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