ASSN. OF CONTR. PLUMBERS v. CONTR. PLUMBERS ASSN.


302 N.Y. 495 (1951)

Association of Contracting Plumbers of the City of New York, Inc., Respondent, v. Contracting Plumbers Association of Brooklyn and Queens, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 1, 1951


Attorney(s) appearing for the Case

Harold Dublirer and A. E. Robert Friedman for appellant.

Abraham Wilson and Elliot A. Wysor for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, FULD and FROESSEL, JJ., concur.


DYE, J.

The question presented on this appeal concerns the measure of proof required to justify the summary remedy provided by section 964 of the Penal Law (L. 1937, ch. 638). It turns on whether an order granted on affidavits alone, without a trial, permanently restraining and enjoining the appellant-respondent from the use of the name "Contracting Plumbers Association of Brooklyn and Queens, Inc." and particularly...

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