Augustine v. Fischer

TOOLE, J.,

On September 25, 1981, plaintiffs, John L. Augustine and Audrey Augustine initiated this equity action seeking to enjoin defendants, Murray Fischer and Frank Giampietro “from using or causing to be used in their business or otherwise the name ‘Augustine’s’ and from advertising as such.” Preliminary objections to the complaint were overruled by the Honorable Bernard J. Podcasy on January 4, 1982. *209Defendants then filed an answer containing new matter and counterclaim, to which plaintiffs filed preliminary objections. Those objections, including a demurrer and motions to strike, are…