Legal Opinion

Country Tweeds, Inc. v. Clyde Fashions, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 1955Published

1Per curiam

Special Term granted defendant’s motion for summary judgment and dismissed the complaint in this action for an injunction and for damages arising from infringement of a common-law trade-mark and from unfair competition. The determination was made solely on the ground that the plaintiff corporation had been legally dissolved after the institution of this action and that said corporation was therefore no longer in existence. Plaintiff corporation had assigned all its assets, *492including this lawsuit, to a limited partnership that was composed of the corporation’s stockholders. The limited…

2Cases cited4 opinions

  1. Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
  2. Garzo v. Maid of the Mist Steamboat Co.New York Court of Appeals · 1952
  3. O. G. Orr & Co. v. Fireman's Fund InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
  4. Phillips v. West Rockaway Land Co.Appellate Division of the Supreme Court of the State of New York · 1922

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