CONN. TEL. CORP. v. TEL. ANS. CORP.


4 Misc.2d 510 (1955)

Connecticut Telephone & Electric Corporation, Plaintiff, v. Telephone Answering & Recording Corporation, Defendant.

Supreme Court, Special Term, New York County.

January 24, 1955.


Attorney(s) appearing for the Case

John A. Wells and Donald J. Nugent for plaintiff.

Joseph D. Allen for defendant.


MATTHEW M. LEVY, J.

By one branch of its motion, the defendant moves to dismiss for insufficiency on its face (Rules Civ. Prac., rule 106) the "Fourth Cause of Action" alleged in the complaint, which cause sounds in equity, and by which the plaintiff seeks an injunction. The claimed insufficiency arises solely from the fact that the plaintiff is asserted to have an adequate remedy at law.

The plaintiff...

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