Noah v. L. Daitch & Co.

Defendants move under subdivision 4 of rule 106 of the Buies of Civil Practice to dismiss the complaint for insufficiency.

Plaintiffs, owners of a retail dairy and grocery store, selling Daitch dairy products with the right to use and display the Daitch trade-mark as a “ Daitch Dairy ’ ’ agency store, bring this action for a permanent injunction restraining defendant L, Daitch & Co. Inc. (herein “Daitch”) from terminating its agreement with plaintiffs and defendant Daitch-Shopwell Central Westchester, Inc. (herein “Shopwell”) from interfering with the continuance of plaintiffs’ business as an…