Citation Numbers: 15 Misc. 2d 287
Judges: Arthur, Klein
Filed Date: 10/1/1958
Status: Precedential
Modified Date: 2/5/2022
The original complaint in this action contained a single cause seeking a decree restraining the defendant from instituting or prosecuting any proceeding in the courts of the State of Illinois or of any other State for a declaratory judgment respecting the coverage afforded to plaintiff under certain bonds, or from enjoining plaintiff from prosecuting this or any other action in this court to recover their losses. The amended complaint contains four causes. The first three are upon separate claims of loss, and the fourth supersedes the cause stated in the original complaint. Plaintiff moves for temporary injunction and the' defendant cross-moves for dismissal for insufficiency of the original complaint and of the fourth cause stated in the amended complaint.
The parties are residents of this State and both do business in other States, including the State of Illinois. The action concerns the coverage afforded under a brokers ’ liability indemnity bond and two brokers’ blanket bonds issued in New York. Damage had been sustained by customers of the plaintiff which it claimed was covered, and which defendant disputed.
This action was commenced on August 15,1958, upon a single cause for injunctive relief. However, on August 12, 1958 this
In all the circumstances, it seems just and proper that this defendant, as plaintiff in the Illinois action, be not restrained as requested, but defendant is restrained from endeavoring to seek in its action any restraint against the prosecution of the first three causes stated in the amended complaint. The motion for temporary injunction is granted accordingly. The cross motion is denied.
Settle order.