Norden Restaurant Corp. v. Sons of Revolution

OPINION OF THE COURT

Meyer, J.

The sole question before us on this appeal is whether Special Term properly denied defendant’s motion for summary judgment on its third counterclaim, in which defendant sought to enjoin plaintiff “from using the name Fraunces Tavern, from using any name other than Fraunces Tavern Restaurant”. We hold that defendant is entitled to such injunctive relief.

Defendant owns the building at 54 Pearl Street in the Borough of Manhattan which has been known since the eighteenth century as “Fraunces Tavern”. The building has been designated a national landmark and is…