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MTR. OF LINC. CTR. v. LINCOLN CLASSICS

25 Misc.2d 686 (1960)

In the Matter of Lincoln Center for the Performing Arts, Inc., Petitioner, v. Lincoln Center Classics, Record Society, Inc., et al., Respondents.

Supreme Court, Special Term, New York County.

November 17, 1960.

Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley (William E. Jackson and Andrew J. Connick of counsel), for petitioner. Raymond C. Brennan for respondents.

JACOB MARKOWITZ, J.

By this summary proceeding petitioner seeks a final order enjoining the respondents from using the words "Lincoln Center" as part of the name of the respondent Lincoln Center Classics, Record Society, Inc. The relief is sought pursuant to section 948 of the Penal Law which prohibits the adoption or use of the name of a benevolent, humane or charitable organization incorporated under the laws...

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