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NOAH v. L. DAITCH & CO.

22 Misc.2d 649 (1959)

Philip Noah et al., Copartners Doing Business under the Name of P & M Noah, Plaintiffs, v. L. Daitch & Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

September 28, 1959.

Attorney(s) appearing for the Case

Guggenheimer & Untermyer (Harry Hoffman, I. Robert Feinberg, Marvin E. Pollock and Rudolph E. Uhlman of counsel), for defendants.

Fuchsberg & Fuchsberg (B. Hoffman Miller of counsel), for plaintiffs.

HENRY CLAY GREENBERG, J.

Defendants move under subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the complaint for insufficiency.

Plaintiffs, owners of a retail dairy and grocery store, selling Daitch dairy products with the right to use and display the Daitch trade-mark as a "Daitch Dairy" agency store, bring this action for a permanent injunction restraining defendant L. Daitch &...

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