Kates v. Bok

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1910

Appellate Division of the Supreme Court of the State of New York · decided 1910-07-07

Appeal by the defendants, Gustav Bok and another, from an order of the Supreme Court, made at the Hew-York Special Term and entered in the office of the clerk of the county of Hew York on the 15th day of March, 1910, continuing in part an in junction and resettling an order entered on the 10th day of February, 1910, and also from an order entered in said clerk’s office on the 9th day of February, 1910, denying the defendants’ motion for a reargument of a motion to continue…

Decided 1910-07-07

Ingraham, P. J. (dissenting in part):

¶1I concur with Mr. Justice Soott that the plaintiff was entitled to the injunction asked for, .but I disagree with him in reversing so much of the order as enjoins the defendants from soliciting business from those who were customers of the former firm for the-reasons stated in my dissenting opinion in Von Bremen v. MacMonnies (138 App. Div. 329).

¶2Order granting injunction reversed to extent stated in opinion and motion, denied; order denying motion to continue injunction reversed and .motion granted to extent stated in opinion, without costs. Appeal from order denying feargument dismissed, with ten dollars costs and disbursements to plaintiff. Settle order on notice.