APPROVED FAC. INC. v. APPROVED FAC. SERV.


35 Misc.2d 989 (1962)

Approved Factory Service, Inc., Plaintiff, v. Approved Factory Service et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 6, 1962


Attorney(s) appearing for the Case

Gerard I. Nierenberg for plaintiff. Robert M. De Poto for defendants.


JOSEPH A. SUOZZI, J.

The defendants move for a preclusion order, and by separate application, the plaintiff seeks summary judgment. The action is brought to restrain the defendants from using the name Approved Factory Service, and for an accounting.

At the outset, it should be observed that this is a plenary action to restrain unfair trade practices, and for damages, as distinguished from a summary proceeding, brought pursuant to section 964 of...

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