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ALBRO METAL PROD. CORP. v. ALPER

281 A.D. 68 (1952)

Albro Metal Products Corporation, Appellant, v. George E. Alper et al., Individually and as Copartners Doing Business under the Name of Albro Steel Company, Respondents

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

December 16, 1952.

Attorney(s) appearing for the Case

Louis D. Frohlich of counsel (Lawrence C. Gibbs and David H. Horowitz with him on the brief; Schwartz & Frohlich, attorneys), for appellant.

Isidor Neuwirth for respondents.

PECK, P. J., CALLAHAN, VAN VOORHIS and BREITEL, JJ., concur.

Per Curiam.

The trial court dismissed the complaint in this action for an injunction and plaintiff appeals.

Plaintiff is a corporation named "Albro Metal Products Corporation". Defendants are individuals doing business under the assumed name of "Albro Steel Company". The injunction sought was against the use of the name "Albro" in connection with defendants' business.

Plaintiff's corporate existence and...

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