Legal Opinion

Payrolls & Tabulating, Inc. v. Sperry Rand Corp.

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

Decided March 30, 1965PublishedCited by 23 opinions

1Opinion of the CourtStevens, J.

These are cross appeals from an order entered November 26,1963, granting in part and denying in part defendant’s motion to strike portions of the amended complaint. The order directed dismissal of the third, fourth, fifth and sixth causes of plaintiff’s amended complaint for insufficiency. The complaint consists of six causes of action. Broadly speaking, they may be classified as follows: the first cause for breach of contract; the second cause for breach of warranty; the third cause unfair competition by disparagement for which an injunction is sought; the fourth cause unfair competition by…

2Cases cited8 opinions

  1. Rice v. . ManleyNew York Court of Appeals · 1876
  2. Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
  3. Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
  4. Union Car Advertising Co. v. CollierNew York Court of Appeals · 1934
  5. Benton v. PrattNew York Supreme Court · 1829

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3Cited by23 opinions

  1. AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Rene Boule, Claude Boule v. Ingrid Hutton, Leonard Hutton Galleries, Inc., Mark Khidekel, Regina KhidekelCourt of Appeals for the Second Circuit · 2003
  3. Cubby, Inc. v. CompuServe Inc.District Court, S.D. New York · 1991
  4. Feigen v. Advance Capital Management Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Brignoli v. Balch Hardy and Scheinman, Inc.District Court, S.D. New York · 1986

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