Legal Opinion
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
Decided June 1, 1951PublishedCited by 53 opinions
1Opinion of the CourtDye, J.
The question presented on this appeal concerns the measure of proof required to justify the summary remedy provided by section 964 of the Penal Law (L. 1937, ch. 638). It turns on whether an order granted on affidavits alone, without a trial, permanently restraining and enjoining the appellant-respondent from the use of the name “ Contracting Plumbers Association of Brooklyn and Queens, Inc.” and particularly the words “ Contracting" Plumbers Association ” either alone or in conjunction with other words, was justified.
We think not. When the Legislature enacted section 964 of the Penal Law, it…
2Cases cited9 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- National Circle, Daughters of Isabella v. National Order of Daughters of IsabellaCourt of Appeals for the Second Circuit · 1920
- B.P.O. Elks v. . Improved B.P.O. ElksNew York Court of Appeals · 1912
- Matter of Julius Restaurant v. LombardiNew York Court of Appeals · 1940
- Overseas News Agency, Inc. v. Overseas Press, Inc.New York Supreme Court · 1944
4 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Price v. PriceNew York Court of Appeals · 1986
- Industrial Plants Corp. v. Industrial Liquidating Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Santa's Workshop, Inc. v. SterlingAppellate Division of the Supreme Court of the State of New York · 1956
- Fireman's Ass'n v. French American SchoolAppellate Division of the Supreme Court of the State of New York · 2007
- Gemveto Jewelry Co., Inc. v. Jeff Cooper Inc.District Court, S.D. New York · 1983
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