LANVIN PARFUMS v. LE DANS, LTD.


9 N.Y.2d 516 (1961)

Lanvin Parfums, Inc., Appellant, v. Le Dans, Ltd., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 27, 1961.


Attorney(s) appearing for the Case

Jay Leo Rothschild for appellant.

Robert Goldstein for respondents.

H. von Maltitz, W. J. Derenberg, L. Kunin, V. T. Giordano and S. Michelman for Chanel Industries, Inc., and another, amici curiæ.

Judges DYE, FROESSEL, VAN VOORHIS and BURKE concur with Judge FOSTER; Chief Judge DESMOND and Judge FULD dissent and vote to affirm upon the majority opinion below.


FOSTER, J.

By a divided court, the complaint of the plaintiff in this action has been dismissed by the Appellate Division, First Department, on the ground that it does not state facts sufficient to constitute a cause of action. This was a reversal of the Special Term which held the complaint sufficient.

In four identical causes of action the complaint alleges that plaintiff is a Delaware corporation which...

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