Legal Opinion

King Refrigerator Corp. v. King Metal Products, Inc.

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

Decided January 13, 1947Published

1Opinion of the Court

Action to restrain the defendant from manufacturing and selling ice refrigerators under its corporate name and requiring it to desist from unfair competition. Order granting defendant’s motion to dismiss the complaint on the ground that it fails to set forth facts sufficient to constitute a cause of action reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs, with leave to defendant to answer within ten days from the entry of the order hereon. The complaint is sufficient as a matter of mere pleading. (Biggins Go. v. Biggins Soap Go., 144 N. Y. 462;…

2Cases cited3 opinions

  1. Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
  2. Lerner Stores Corp. v. Lerner Ladies Apparel Shop, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
  3. N. J. Henry Mfg. Co. v. Henry Screen Mfg. Co.Appellate Division of the Supreme Court of the State of New York · 1922

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