Gallina v. Giacalone

OPINION OF THE COURT

Frank Vaccaro, J.

Upon the court’s own motion, the decision/order in this matter, dated December 9, 1996, is hereby recalled and the following is substituted in its place.

Plaintiffs seek an order preliminarily enjoining defendant from making allegedly false statements about their musical enterprise that they contend are destructive of their business. Defendant cross-moves for an order, pursuant to the General Business Law, enjoining the plaintiffs from billing themselves as "The Fireflies” in their musical performances, dismissing the plaintiffs’ complaint, and seeking…