Delmonico Hotel Corp. v. Delmonico Delicatessen, Inc.

This is an application pursuant to section 964 of the Penal Law, for an order restraining respondent from the use of the name “ Delmonico ”.

Petitioner since 1929 has operated a hotel at the northwest corner of Park Avenue and 59th Street, under the name ‘ ‘ Hotel Delmonico ”. On its premises it maintains two restaurants, two cocktail lounges, and a coffee shop. Respondent is a corporation organized in August of this year and has recently commenced operations as a delicatessen on the south side of 59th Street, between Park and Lexington Avenues, dealing in fancy groceries, a variety of…