Julius Restaurant, Inc. v. Lombardi

Petitioner-appellant instituted in the Supreme Court a proceeding for a permanent injunction by personal service on respondent of a notice of motion and a verified petition, to which certain exhibits were attached. No action had been begun, no summons and no complaint had been served. Appellant claimed the right to proceed in this manner upon the authority of section 964 of the Penal Law. Alleging that respondent, with intent to deceive the public, had adopted and was using its trade name of “ Julius ” in connection with a restaurant, bar and grill, appellant prayed for an order enjoining…