Order reversed on the law and the facts, with costs, and application denied, without costs, and without prejudice to a plenary action for an injunction and damages, if appellant be so advised.
Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. It does not appear that appellant (Hylan Terrace, Inc.) adopted its name for the purpose of capitalizing on petitioner's good will or with the intent of deceiving the public into...
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