Delancey Kosher Restaurant & Caterers Corp. v. Gluckstern

In this action to restrain defendants from acting in unfair business competition with plaintiff, the Court of Appeals modified the judgment on a former appeal (305 N. Y. 250) to eliminate the geographic boundaries that had been imposed on the operation of defendants’ business.

But in recasting the judgment, it was left open to the Supreme Court to determine the question of what restraint should be imposed on the defendants’ use at their Norfolk Street restaurant of a name, and legend in connection with the name, to prevent encroachment on plaintiff’s business.

The opinion in the Court of…