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MTR. OF INDUS. PLANTS CORP. v. INDUS. LIQUIDATING CO.

286 A.D. 568 (1955)

In the Matter of Industrial Plants Corporation, Respondent, v. Industrial Liquidating Co. Inc., et al., Appellants

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

November 15, 1955.

Attorney(s) appearing for the Case

Philip Novick of counsel (Seymour Stone with him on the brief and attorney), for appellants.

Irving Fox for respondent.

BASTOW, BOTEIN, RABIN and BERGAN, JJ., concur.

BREITEL, J. P.

This is a summary application under section 964 of the Penal Law for an injunction restraining the respondents to the petition from using the name "Industrial Liquidating Co. Inc." in their business of "industrial auctioneering, appraising and liquidating". The order was granted at Special Term and respondents to the petition appeal. The order should be reversed and the application denied without...

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