Corcoran Marble & Monuments, Inc. v. Corcoran

— In an action seeking an injunction pursuant to General Business Law § 133 and *246damages for unfair competition, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), entered March 26, 1985, as granted that branch of the defendants’ motion for summary judgment which was to dismiss the plaintiff’s first cause of action.

Order affirmed insofar as appealed from, with costs.

The plaintiff failed to raise any triable issue of fact regarding the defendants’ intent in adopting its business name. Thus, the plaintiff’s first cause of action, which was…