Thruway Motel of Ardsley, Inc. v. Hellman Motel Corp.

We have here a motion for summary judgment in an alleged declaratory judgment action, in which the parties (other than the Secretary of State), as owners of motels along the New York State Thruway, seek, along with incidental relief, a declaration of their rights with respect to the use of the term61 Thruway ’ ’ in connection with the designation, operation and advertisement of their respective motels. The alleged rights of the parties are premised upon the provisions of sections 209-a to 209-g of the General Business Law, relating to the registration of “ hotel names ”; and neither party…