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Ultra Fuel Corp., Inc. v. Johnston

Appellate Division of the Supreme Court of New York, First Department
Jul 16, 1968
30 A.D.2d 801 (N.Y. App. Div. 1968)

Opinion

July 16, 1968


Order entered May 10, 1968, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellants, and plaintiff's motion for a preliminary injuction is denied. The record herein does not support the validity of the temporary injunction. The moving papers are fraught with material and disputed issues. The defendant Johnston, the corporate principal, had no employment contract with the plaintiff corporation; nor was he restricted by any covenant of any nature; he denies possession of the list, which in any event, is not before us. Under such circumstances, where the right of the plaintiff to any injunction is unclear, the relief must be denied. ( Duro-Test Corp. v. Donaghy, 9 A.D.2d 860; Park Terrace Caterers v. McDonough, 9 A.D.2d 113.) Nor is there any proof the list is unique and not compiled from readily ascertainable sources. ( Boosing v. Dorman, 148 App. Div. 824, affd. 210 N.Y. 529; Abdallah v. Crandall, 273 App. Div. 131.)

Concur — Stevens, J.P., Steuer, Capozzoli, Tilzer and McGivern, JJ.


Summaries of

Ultra Fuel Corp., Inc. v. Johnston

Appellate Division of the Supreme Court of New York, First Department
Jul 16, 1968
30 A.D.2d 801 (N.Y. App. Div. 1968)
Case details for

Ultra Fuel Corp., Inc. v. Johnston

Case Details

Full title:ULTRA FUEL CORP., INC., Respondent, v. RICHARD K. JOHNSTON et al.…

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

Date published: Jul 16, 1968

Citations

30 A.D.2d 801 (N.Y. App. Div. 1968)

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