Legal Opinion
B. Merrick Road, LLC v. Chriso Food Services, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 2012PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to enjoin the defendants from using the trade name and service mark East Bay Diner, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated March 14, 2011, as denied their cross motion pursuant to CPLR 3211 (a) (3) and (7) to dismiss the complaint.
Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendants’ cross motion which were pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted by…
2Cases cited7 opinions
- Eagle Comtronics, Inc. v. Pico Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Damianos Realty Group, LLC v. FracchiaAppellate Division of the Supreme Court of the State of New York · 2006
- Baker v. Latham Sparrowbush AssociatesAppellate Division of the Supreme Court of the State of New York · 1987
- Kadish v. Roosevelt Raceway Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 1992
- Precision Concepts, Inc. v. BonsantiAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- Allstate ATM Corp. v. E.S.A. Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Avila v. Distinctive Development Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Board of Managers of 125 North 10th Condominium v. 125North10, LLCAppellate Division of the Supreme Court of the State of New York · 2017