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MATTER OF DELMONICO HOTEL CORP. v. DELMONICO DELICATESSEN

27 Misc.2d 378 (1960)

In the Matter of Delmonico Hotel Corporation, Petitioner, v. Delmonico Delicatessen, Inc., Respondent.

Supreme Court, Special Term, New York County.

November 23, 1960

Attorney(s) appearing for the Case

Goldstein, Judd & Gurfein (Morton I. Hamburg of counsel), for petitioner. Irving F. Cohen for respondent.

JACOB MARKOWITZ, J.

This is an application pursuant to section 964 of the Penal Law, for an order restraining respondent from the use of the name "Delmonico".

Petitioner since 1929 has operated a hotel at the northwest corner of Park Avenue and 59th Street, under the name "Hotel Delmonico". On its premises it maintains two restaurants, two cocktail lounges, and a coffee shop. Respondent is a corporation...

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