David Harp Restaurant Management, Inc. v. Cromwell

• Decision Date: 07 May 1992
• Citation: 586 N.Y.S.2d 210,183 A.D.2d 423
• Parties: DAVID HARP RESTAURANT MANAGEMENT, INC., Plaintiff-Respondent, v. Kathleen A. CROMWELL, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 210

586 N.Y.S.2d 210

183 A.D.2d 423

DAVID HARP RESTAURANT MANAGEMENT, INC., Plaintiff-Respondent, v. Kathleen A. CROMWELL, Defendant-Appellant.

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

May 7, 1992

Order and judgment (one paper), Supreme Court, New York County (Irma Vidal Santaella, J.), entered October 7, 1991, which, inter alia, granted plaintiff's motion for summary judgment permanently enjoining defendant from interfering with plaintiff's business operations and from harassing or intimidating its employees, unanimously affirmed, with costs. Plaintiff's proof shows that public displays of disruptive behavior by defendant against its employees could cause harm to its restaurant patronage. The right to carry on a lawful business without obstruction is a property right, and acts committed without just cause or excuse that interfere with the carrying on of a business constitute an irreparable injury warranting the issuance of an injunction (Tappan Motors, Inc. v. Waterbury, 65 Misc.2d 514, 318 N.Y.S.2d 125; see also, Barclay's Ice Cream Co. v. Local No. 757 of the Ice Cream Drivers and Employees Union, 51 A.D.2d 516, 517, 378 N.Y.S.2d 395, aff'd, 41 N.Y.2d 269, 392 N.Y.S.2d 278, 360 N.E.2d 956, cert. denied, 436 U.S. 925, 98 S.Ct. 2818, 56 L.Ed.2d 767)..

MURPHY, P.J., and MILONAS, ELLERIN, ASCH and RUBIN, JJ., concur.