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GOODMAN & CO. v. NEW YORK TEL. CO.

285 A.D. 404 (1955)

Jacob Goodman & Co., Inc., Respondent, v. New York Telephone Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 15, 1955.

Attorney(s) appearing for the Case

Frank A. Fritz of counsel (Bleakley, Platt, Gilchrist & Walker, Arthur P. West, Anthony T. Antinozzi, Frank A. Fritz, Jr., Eric B. Nelson and Philip Wagner with him on the brief; Ralph W. Brown, attorney), for New York Telephone Company, appellant.

Morris L. Heath of counsel (Stanley Buchsbaum and Charles M. Fox with him on the brief; Adrian P. Burke, Corporation Counsel, and Leo A. Larkin, Acting Corporation Counsel, attorneys), for City of New York, appellant.

Harry J. Halperin of counsel (Bernard Buchwald and Edmund B. Hennefeld with him on the brief; Halperin, Natanson, Shivitz & Scholer, attorneys), for respondent.

COHN, J. P., CALLAHAN, BREITEL and BOTEIN, JJ., concur. Opinion by BREITEL, J.

BREITEL, J.

Defendants New York Telephone Company and City of New York appeal from orders denying their motions to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. Defendant telephone company also appeals from the denial in form of plaintiff's motion for a temporary injunction, but which denial referred to the memorandum of Special Term directing that the funds in question...

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