Industrial Plants Corp. v. Industrial Liquidating Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
This is a summary application under section 964 of the Penal Law for an injunction restraining the respondents to the petition from using the name ‘1 Industrial Liquidating Co. Inc.” in their business of “ industrial auctioneering, appraising and liquidating ”. The order was granted at Special Term and respondents to the petition appeal. The order should be reversed and the application denied without prejudice to the bringing of a plenary action for appropriate relief.
Petitioner has the corporate name “ Industrial Plants Corporation ” and was organized in 1919 under the laws of…
2Cases cited15 opinions
- Association of Contracting Plumbers of the City of New York, Inc. v. Contracting Plumbers Ass'n of Brooklyn & Queens, Inc.New York Court of Appeals · 1951
- Matter of Julius Restaurant v. LombardiNew York Court of Appeals · 1940
- Overseas News Agency, Inc. v. Overseas Press, Inc.New York Supreme Court · 1944
- Bill's Gay Nineties, Inc. v. FisherNew York Supreme Court · 1943
- Broderick v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
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3Cited by24 opinions
- Lincoln Restaurant Corp. v. Wolfies Rest. Inc.Court of Appeals for the Second Circuit · 1961
- Playland Holding Corp. v. Playland Center, Inc.New York Court of Appeals · 1956
- Precision Apparatus Co. v. Precision Meter Co.New York Supreme Court · 1956
- Charles F. Ryan & Son, Inc. v. Lancaster Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
- Good Humor Corp. v. FemiaNew York Supreme Court · 1957
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