3 HR. LAUNDRY STORES v. SWAN CLEANERS


25 Misc.2d 597 (1960)

3 Hour Laundry & Dry Cleaning Stores, Inc., Plaintiff, v. Swan Cleaners Syracuse Corp., Defendant.

Supreme Court, Special Term, Onondaga County.

June 20, 1960.


Attorney(s) appearing for the Case

John G. Kimball for plaintiff. Harold A. Manheim for defendant.


HENRY A. HUDSON, J.

The plaintiff has moved for an order pursuant to section 964 of the Penal Law restraining and enjoining the defendant from using the name "3 Hour Shirt Laundry" in its business.

Before considering the merits of the plaintiff's application, I will take up the question of whether the defendant's answering affidavit should be considered upon the motion.

In conjunction with its notice of motion, the plaintiff required any...

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