28 Misc. 2d 525 | N.Y. Sup. Ct. | 1960
The plaintiff, who allegedly purchased from the defendant’s former employer his insurance accounts which included all the names and addresses of the insureds and the expiration dates and other particulars of all policies of insurance then in force, sues the defendant to restrain her from soliciting or canvassing such accounts and for other relief, it being claimed that the defendant without consent of the plaintiff or her former employer has made or caused to be made or taken for her own benefit and advantage a copy of all the records and accounts and a list of all the clients purchased by the plaintiff,
Plaintiff has now moved for an order restraining the defendant ‘ ‘ from soliciting and canvassing the Insureds of the plaintiff, as set forth in the complaint attached hereto, during the pendency of this action.” The defendant has cross-moved to dismiss the complaint for legal insufficiency and, also, that the plaintiff is not the real party in interest.
While the court has found the complaint good as a matter of pleading, it cannot grant the drastic remedy of a temporary injunction upon the conflicting papers before it since when sharp issues of fact are presented injunctive relief cannot be granted. (Geed v. Braunsdorf, 277 App. Div. 1001.) The plaintiff’s motion is accordingly denied as is also that of the defendant who may answer the complaint within 10 days after the service of a copy of the order to be entered hereon.