American Yellow Taxi Operators, Inc. v. Diamond

Page, J.:

The order in this case is much broader than the decision of the learned justice would seem to warrant, and in this respect conflicts with his decision in American Yellow Taxi Operators, Inc., v. Barry (202 App. Div. 837), argued simultaneously with this appeal and decided herewith.

The plaintiff operates taxicabs painted yellow or orange and black, upon the panel of the door of which in black letters appear the following: On the first line “ American ” in small letters, on the second “ Yellow,” and on the third “ Taxi ” in large prominent letters; on the fourth, in letters of the same…