Le Drugstore Etats Unis, Inc. v. New York State Board of Pharmacy

This is an appeal from an order of the Supreme Court at Special Term, entered July 16, 1971 in Albany County, which denied defendants’ motion for summary judgment and granted plaintiff’s cross motion for summary judgment, and from the judgment entered thereon.

Special Term has determined in an action for a declaratory judgment that plaintiff has the right to use the name “ Le Drugstore ’ ’ for its retail establishment without first having its premises licensed as a pharmacy so long as no drugs are sold on the premises and the legend “ Not a Pharmacy ” remains on the outside sign. An injunction…