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MATTER OF LYKENS HOSIERY MILLS, INC. v. ELDER HOSIERY MILL, INC.

9 N.Y.2d 1002 (1961)

In the Matter of Lykens Hosiery Mills, Inc., Appellant, v. Elder Hosiery Mill, Inc., et al., Defendants, and Barnard Hosiery Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 1, 1961.

Attorney(s) appearing for the Case

Lester Pollack and Harold A. Lipton for appellant.

No appearance for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Order modified in accordance with the memorandum herein, and, as so modified, affirmed, with costs in this court and in the Appellate Division. Memorandum: We conclude that appellant established in a clear and convincing manner its right to injunctive relief, at least in part, under section 964 of the Penal Law, and that the Appellate Division's reversal of the order for summary relief was erroneous in part. The order of the Appellate Division should be modified to reinstate...

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