Astor v. West Eighty-second Street Realty Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The submission is on the following facts:. The plaintiff is the owner of an apartment house covering the block bounded by Broadway, West End avenue, Seventy-eighth and Seventy-ninth streets, which was opened for business in the month of August, 1908, and was called “The Apthorp,” by which name it has since been commonly known.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The submission is on the following facts:. The plaintiff is the owner of an apartment house covering the block bounded by Broadway, West End avenue, Seventy-eighth and Seventy-ninth streets, which was opened for business in the month of August, 1908, and was called “The Apthorp,” by which name it has since been commonly known. The apartments in this building consist of not less than six nor more than twelve rooms, and are rented under leases for not less than one year and at…
1Opinion of the Court
Hotchkiss, J.:
The question submitted for our determination is whether plaintiff is entitled to a judgment restraining the defendants from using the name “Apthorp ” in connection with its hotel. The facts submitted do not state that the plaintiff has suffered or will at any time in the future suffer any money damages whatsoever from the use by defendants of the word “Apthorp.” The plaintiff’s sole ground for relief arises from the inconvenience suffered by plaintiff’s tenants, guests and the public arising from the similarity of names. Plaintiff’s immunity from money loss is undoubtedly due to…
2Cases cited2 opinions
- Koehler v. . SandersNew York Court of Appeals · 1890
- Simplex Automobile Co. v. KahnweilerAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by3 opinions
- Lininger v. Desert LodgeArizona Supreme Court · 1945
- Carroll v. Duluth Superior Milling Co.Court of Appeals for the Eighth Circuit · 1916
- Dickey v. Mutual Film Corp.New York Supreme Court · 1916