Mullahey v. Waterford Citizen's Party, Inc.

OPINION OF THE COURT

Loren N. Brown, J.

The petitioners pray for an order, pursuant to section 133 of the General Business Law, enjoining the use by the corporate respondents of the name "Waterford Citizen’s Party, Inc.”, or any similar name.

*785The Citizens Party, as an unincorporated association, has existed for approximately 60 years in the Village and Town of Waterford, Saratoga County. The party’s symbol has traditionally been an upturned horseshoe. In 1986, friction split the party into two factions. According to the respondents, at a January 28, 1986 party meeting, two slates of candidates…