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SANTA'S WORKSHOP v. STERLING

2 A.D.2d 262 (1956)

Santa's Workshop, Inc., Appellant-Respondent, v. Joseph Sterling, Doing Business as Sterling Alaska Fur & Game Farms, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 25, 1956.

Attorney(s) appearing for the Case

F. Walter Bliss, Warner M. Bouck and Harold R. Soden for appellant-respondent.

Lewis C. Ryan, Charles Gold, Benjamin Shove and Mortimer J. Metchik for respondent-appellant.

COON, HALPERN and GIBSON, JJ., concur with BERGAN, J.; ZELLER, J., dissents, in an opinion, and votes to reverse the judgment and dismiss the complaint.

BERGAN, J.

Plaintiff since July, 1949 has maintained a public entertainment and sales facility on Whiteface Mountain known as "Santa's Workshop". Its location is called by plaintiff "North Pole" and a post office has been established using that name.

The facility consists of a group of specially designed buildings, painted in brilliant colors and with high-gabled roofs, centering around Santa, his home...

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