Norman Ellis Corp. v. Lippus

• Decision Date: 08 August 1955
• Citation: 13 Misc.2d 432,176 N.Y.S.2d 5
• Parties: NORMAN ELLIS CORP., d/b/a Telephone Answering Service of Nassau, Plaintiff, v. Lynn LIPPUS, a/k/a Lynn Cornwell, Defendants.
• Court: New York Supreme Court

Page 5

176 N.Y.S.2d 5

13 Misc.2d 432

NORMAN ELLIS CORP., d/b/a Telephone Answering Service of Nassau, Plaintiff, v.Lynn LIPPUS, a/k/a Lynn Cornwell, Defendants.

Supreme Court, Special Term, Nassau County.

Aug. 8, 1955.

Segal & Schwartz, New York City, for plaintiff.

Joseph C. Kaplan, New York City, for defendants.

HOWARD T. HOGAN, Justice.

Plaintiff, in an action for an injunction restraining defendants from competing in the business of a telephone answering service, seeks an injunction pendente lite.Defendants cross move for the dismissal of the complaint on the ground that plaintiff, assignee of a telephone answering service, acquired no enforceable rights under a bi-lateral contract for personal services entered into between plaintiff's assignor and defendant Lippus.The authorities cited by defendants in support of this proposition are to the effect that the assignee of a contract calling for personal services may not demand the performance of those personal services by one who, while agreeing to work for the assignor, the original contracting party, is not willing to perform personal services for a stranger to the original contract.

Such is not the case presented by this...