The second cause of action is insufficient to state a cause of action against the appealing defendant. There are no allegations to establish a palming off or violation of any contract or confidence on appellant's part. No more appears than a permissible copying of a design and fabric open to the trade.
Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with leave to the plaintiffs to serve an amended complaint, if...
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