Joe Ritter Ski Shop, Inc. v. Gustafsson

Decision Date30 January 1964
Citation246 N.Y.S.2d 266,20 A.D.2d 637
PartiesJOE RITTER SKI SHOP, INC., Plaintiff-Appellant, v. Lars GUSTAFSSON, Andre Hartmann, Kurt Gustafsson, and Krona Ski & Sport, Inc., Defendants-Respondents.
CourtNew York Supreme Court — Appellate Division

J. Winston, New York City, for plaintiff-appellant.

Before BOTEIN, P. J., and VALENTE, STEVENS, EAGER and STEUER, JJ.

PER CURIAM.

Order, entered on October 29, 1963, granting injunction, unanimously modified on the law and the facts by adding the words 'or serving' after the word 'soliciting' in the first ordering paragraph and, as so modified, affirmed, with costs to appellant. Special Term correctly found that defendants were competing with plaintiff and that, inter alia, were soliciting plaintiff's customers from a list unlawfully obtained by defendants from plaintiff. The order granted restrains such solicitation but does not restrain defendants from serving such customers already so solicited. Plaintiff is entitled to this relief in order to make the injunction effective. Settle order on notice.

To continue reading

Request your trial
4 cases
  • Rupert v. Sellers
    • United States
    • New York Supreme Court — Appellate Division
    • 6 June 1975
    ...any member of the Society whose card is inspected by plaintiffs in this discovery proceeding (see Joe Ritter Ski Shop, Inc. v. Gustafsson, 20 A.D.2d 637, 246 N.Y.S.2d 266). We turn now to consideration of plaintiffs' right to inspect defendants' income tax returns for the years 1969--1973 a......
  • Advanced Magnification Instruments of Oneonta, N.Y., Ltd. v. Minuteman Optical Corp., 1
    • United States
    • New York Supreme Court — Appellate Division
    • 3 December 1987
    ...N.Y.S. 583; accord, 60 NY Jur, Trademarks, Tradenames, and Unfair Competition, § 113, at 186-189 [1968], citing Joe Ritter Ski Shop v. Gustafsson, 20 A.D.2d 637, 246 N.Y.S.2d 266), the crux of an action for unfair competition (see, Capitaland Heating and Cooling v. Capitol Refrig. Co., 134 ......
  • DSM Realty Corp. v. Goloso, 2007 NY Slip Op 30809(U) (N.Y. Sup. Ct. 4/16/2007)
    • United States
    • New York Supreme Court
    • 16 April 2007
    ...from that party — even in the absence of a breach of a non-solicitation or non-competition covenant. Joe Ritter Ski Shop, Inc. v. Gustafsson, 20 A.D.2d 637, 637 (1st Dept. 1964) (enjoining defendants from soliciting plaintiff's customers using list unlawfully obtained from plaintiff and fro......
  • Complete Machinery & Equipment Co. v. Gelman
    • United States
    • New York Supreme Court — Appellate Division
    • 30 January 1964
    ... ... 20 A.D.2d 637 ... COMPLETE MACHINERY & EQUIPMENT CO., Inc., Plaintiff-Respondent, ... Benjamin GELMAN, d/b/a Gelco Builders, ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT