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MATTER OF BARNES v. FUCHS

7 Misc.2d 456 (1957)

In the Matter of Harry Barnes et al., Individually and as Copartners Doing Business under the Name of Colonial Furniture Shops, Petitioners, v. Morris Fuchs et al., Doing Business under the Name of Smithtown Furniture and Bedding Company, Respondents.

Supreme Court, Special Term, Nassau County.

May 9, 1957.

Attorney(s) appearing for the Case

Schechter & Schechter for petitioners.

Walter R. Kiernan for respondents.

HOWARD T. HOGAN, J.

This is an application pursuant to section 964 of the Penal Law to restrain the respondents from using the name "Colonial Furniture" in their business.

"Section 964 makes it a misdemeanor for one with intent to deceive or mislead the public to assume the corporate, assumed or trade name of another. The section also provides an alternative civil remedy. It authorizes the making of...

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