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Saxon Motor Sales, Inc., v. Torino

Supreme Court, Special Term, Bronx County
Jan 18, 1938
166 Misc. 863 (N.Y. Sup. Ct. 1938)

Summary

In Saxon Motor Sales v Torino (166 Misc. 863), defendant, a disgruntled purchaser of an automobile, was enjoined from parking his car, derisively marked, in front of plaintiff's place of business.

Summary of this case from Roosevelt Hosp v. Orlansky

Opinion

January 18, 1938.

Stang Boxer for the plaintiffs.

Joseph J. Guadagno, Jr., for the defendants.


This is a motion for a temporary injunction. The action in part seeks to restrain and enjoin the defendants from using the public streets without just cause or excuse in such a manner as to interfere with the carrying on of plaintiff's business and so as to destroy the plaintiff's custom, credit and profits.

One of the methods adopted by the defendants was to place signs on the sides and rear of an automobile, each in large type, deriding the qualities of the automobile which the defendants had purchased from the plaintiff. Ordinarily, statements in writing derogatory to this automobile would not constitute any ground for an injunction. ( Marlin Fire Arms Co. v. Shields, 171 N.Y. 384.) In this case, however, the acts of the defendants complained of are much more serious and different in character than the acts complained of in the Marlin case. What defendants have done here constitutes something more than a mere libel or criticism of the plaintiff's product. We have a situation where it appears that the defendants brought their automobile in the decorated condition heretofore described and placed it in front of the plaintiff's place of business for the sole purpose of attempting to injure the plaintiff's business and to curtail his profits. It is apparent that the defendants could have had no other object in mind in acting as they did. Under the circumstances the use of these signs on the defendants' automobile is no different than if they had attempted to interfere with the plaintiff's business by means of some physical obstruction. ( Fradus Contracting Co., Inc., v. Taylor, 201 A.D. 298; West Side Electric Co. v. Consolidated Subway Co., 87 id. 550.)

This is not a labor dispute where the parties are on unequal footing but is one between parties on the same plane and who are equal in so far as their respective rights are concerned. The court cannot sanction what the defendants have done here. The acts of the defendants are such as to constitute in the language of Corpus Juris, such interference as would demand the issuance of an injunction. "Since the right to carry on a lawful business without obstruction is a property right, acts committed without just cause or excuse, which interfere with the carrying on of complainant's business and destroy his custom, his credit, or his profits, do an irreparable injury and authorize the issuance of an injunction." (32 C.J. 155.)

Motion is granted upon condition that the plaintiff serve and file a note of issue for the February, 1938, term. If necessary the clerk is directed to accept short notice. The case will be placed at the head of the day calendar for February 7, 1938. Undertaking $250. Settle order.


Summaries of

Saxon Motor Sales, Inc., v. Torino

Supreme Court, Special Term, Bronx County
Jan 18, 1938
166 Misc. 863 (N.Y. Sup. Ct. 1938)

In Saxon Motor Sales v Torino (166 Misc. 863), defendant, a disgruntled purchaser of an automobile, was enjoined from parking his car, derisively marked, in front of plaintiff's place of business.

Summary of this case from Roosevelt Hosp v. Orlansky

In Saxon Motor Sales v. Torino (166 Misc. 863) the purchaser of an automobile from the plaintiff was enjoined from parking his car which bore signs on the sides and rear derogatory of the quality of the car.

Summary of this case from Roberts v. Ryan Homes

In Saxon Motor Sales v. Torino defendant, a disgruntled purchaser of an automobile from the plaintiff, was enjoined pendente lite from parking that automobile, derisively marked, in front of plaintiff's place of business.

Summary of this case from Springfield, Bayside v. Hochman
Case details for

Saxon Motor Sales, Inc., v. Torino

Case Details

Full title:SAXON MOTOR SALES, INC., Plaintiff, v. PAUL TORINO and Another, Defendants

Court:Supreme Court, Special Term, Bronx County

Date published: Jan 18, 1938

Citations

166 Misc. 863 (N.Y. Sup. Ct. 1938)
2 N.Y.S.2d 885

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