Zenie v. Miskend
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtUntermyer, J.
The Special Term denied the defendants’ motion to dismiss the complaint made upon the grounds (1) that it fails to state facts sufficient to constitute a cause of action; (2) that the court has not jurisdiction of the subject of the action, and (3) that there is another action pending between the same parties for the same cause.
The action is at law for damages resulting from alleged unfair methods of competition on the part of the defendants. The complaint alleges that the plaintiffs for many years have manufactured a particular kind of seam used in the production of garments. They do not…
2Cases cited10 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Hurn v. OurslerSupreme Court of the United States · 1933
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- Emack v. KaneUnited States Circuit Court · 1888
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3Cited by8 opinions
- Wolf v. GoldAppellate Division of the Supreme Court of the State of New York · 1959
- F & F Laboratories, Inc. v. Chocolate Spraying Co.Appellate Court of Illinois · 1955
- Consolidated Kinetics Corp. v. Marshall, Neil & Pauley, Inc.Court of Appeals of Washington · 1974
- American Cyanamid Co. v. Power Conversion, Inc.New York Supreme Court · 1972
- Zenobia Co. v. American Pistachio Corp.New York Supreme Court · 1938
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