ROTHBAUM v. MACY & CO.


203 Misc. 1082 (1952)

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

Supreme Court, Special Term, Queens County.

March 29, 1952.


Attorney(s) appearing for the Case

Emil Greenberg, Matthew Salonger, Abraham Sarason, Lewis L. Fawcett and Bernhardt M. Meisels for plaintiff.

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


PETTE, J.

Plaintiff, the owner and operator of a retail drug-store in this county, has brought this action to enjoin the defendant, the owner and operator of a department store in the county of New York, with branches elsewhere in the metropolitan area including one in Jamaica, Queens County, to enjoin it from willfully and knowingly advertising, offering for sale or selling at retail in the State of New York...

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