BILLINGSLEY v. FEDULLO


26 Misc.2d 620 (1960)

Sherman Billingsley et al., Plaintiffs, v. Joseph Fedullo et al., Defendants.

Supreme Court, Special Term, New York County.

September 29, 1960


Attorney(s) appearing for the Case

Saxe, Bacon & O'Shea (William J. O'Shea of counsel), for plaintiffs. Warner, Birdsall & Anfuso (James E. Birdsall and Victor L. Anfuso, Jr., of counsel), for defendants.


GEORGE TILZER, J.

Plaintiffs move for summary judgment. This action has been brought to recover judgment restraining the defendants from use of the names "Billingsley's" and "Crane Room", from representing that Sherman Billingsley is in any way connected with defendants' business and for incidental relief.

The defendants are successors in interest with respect to the business developed by the deceased brother of Sherman Billingsley. They removed...

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