Legal Opinion
Sanders v. Hortons
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 8 opinions
1Opinion of the Court
*1420Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he fell inside a grocery store owned and operated by an entity allegedly named Tim Hortons. Defendant moved to dismiss the complaint on the ground that “Tim Hortons” was merely a trademark rather than a legal entity against which an action may be maintained, and plaintiff cross-moved to amend the caption to reflect the proper corporate defendant. Supreme Court granted defendant’s motion and denied plaintiffs cross motion. We affirm.
“Amendment of a summons and complaint to reflect the proper name of a…
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- Achtziger v. Fuji Copian Corp.New York Court of Appeals · 2003
- Ito v. Marvin Windows of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by8 opinions
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- Killian v. Captain Spicer's Gallery, LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of City of Rochester v. TurnerAppellate Division of the Supreme Court of the State of New York · 2019
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