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ROTHBAUM v. MACY & CO.

199 Misc. 890 (1951)

Adolph Rothbaum, Plaintiff, v. R. H. Macy & Co., Inc., Defendant.

Supreme Court, Special Term, Queens County.

June 12, 1951.

Attorney(s) appearing for the Case

Emil Greenberg, Sol A. Herzog, Matthew L. Salonger and Abraham Sarason for plaintiff.

Thomas M. Green, Kenneth M. Spence, Donald B. Smiley and Julius J. Teller for defendant.

CONROY, J.

The plaintiff owns and operates a local retail drug store in Queens County, New York. The defendant owns and operates a department store in the county of New York with branches elsewhere in the metropolitan area, including one in Jamaica, Queens County. This action is brought to enjoin the defendant from advertising, offering for sale or selling at retail within the city and State of New York the following

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