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DAVID HARP RESTAURANT MANAGEMENT v. CROMWELL

Appellate Division of the Supreme Court of New York, First Department.
May 7, 1992

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 v. Waterbury, 65 Misc.2d 514; see also, Barclay's Ice Cream Co. v. Local No. 757, 51 A.D.2d 516, 517, affd 41 N.Y.2d 269, cert denied 436 U.S. 925).

Concur — Murphy, P.J., Milonas, Ellerin, Asch and Rubin, JJ.