Matter of Julius Restaurant v. Lombardi

Petitioner-appellant is a domestic corporation engaged in the business of conducting a restaur ant-bar- and-grill at 159 West Tenth street, New York city, and alleges that its restaurant has been identified from its inception with the name “ Julius ” or “ Julius’ Restaurant.” Petitioner, in this proceeding, seeks to enjoin the defendant-respondent from the use of the name “ Julius ” in connection with the defendant’s restaurant-bar-and-grill which is located close to that of petitioner.

We are concerned here solely with the question of the power of Special Term to entertain a proceeding…