Charles F. Ryan & Son, Inc. v. Lancaster Homes, Inc.

This is an appeal by Lancaster Homes, Inc., and Ryan Homes, Inc., from an order of the Supreme Court in a proceeding under section 964 of the Penal Law, enjoining the appellants from using the name “ Ryan ”, “ Ryan Homes ” or “ Ryan E/M Homes ” or any simulation thereof in any part of their business or advertising in Monroe County so long as the *16petitioners continue to conduct business therein under any trade name containing the name Ryan.

This case again illustrates the danger, in a trade name case, of relying upon the seemingly broad terms of section 964 of the Penal Law, instead of bringing…