METALLIC FLOWERS v. CITY OF NEW YORK


4 A.D.2d 292 (1957)

Metallic Flowers, Inc., Respondent, v. City of New York et al., Appellants

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

June 25, 1957.


Attorney(s) appearing for the Case

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellants.

Borris M. Komar for respondent.

BREITEL and BOTEIN, JJ., concur with FRANK, J.; PECK, P. J., dissents in opinion; RABIN, J., dissents in opinion.


FRANK, J.

This is an appeal by the defendants from a judgment granted the plaintiff, after trial. The judgment restrains the defendants from interfering with the advertising, manufacture, distribution and sale of certain metal bracelets seized by the defendants, and directs the return of the bracelets and advertising matter used in connection therewith.

The issues involve the recurrent conflict between...

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