Legal Opinion
H.E.G. Development & Management Corp. v. Blumberg
New York Supreme Court
Decided February 27, 1997Published
1Opinion of the Court
OPINION OF THE COURT
Norman C. Ryp, J.
A. ISSUE
Two be or not to be. A dispute over the rights by two differ*741ent parties to use an identical corporate name granted by the New York State Secretary of State on different dates under Business Corporation Law § 403 and Tax Law § 203-a. That is the legal question. Which takes priority — where and when? A novel issue of law and equity!
B. PROCEDURAL HISTORY AND FACTS
Plaintiff H.E.G. Development & Management Corp.’s (hereinafter HEG2) CPLR 6301 motion for a preliminary injunction, to stay Civil Court proceedings and to substitute Naomi Blumberg as a party…
2Cases cited3 opinions
- D & W Central Station Alarm Co. v. Copymasters, Inc.Civil Court of the City of New York · 1983
- National Bank of North America v. PaskowNew York Court of Appeals · 1981
- In re the Arbitration between Intelligent Bank Management, Inc. & East Coast Financial Corp.Appellate Division of the Supreme Court of the State of New York · 1994