FRANK v. NEW YORK TEL. CO.


34 Misc.2d 395 (1962)

Walter Frank, Doing Business as Dollar Fifty Trailer Service, et al., Plaintiffs, v. New York Telephone Company, Defendant.

Supreme Court, Trial Term, Erie County.

June 1, 1962


Attorney(s) appearing for the Case

Offerman, Fallon & Mahoney (Leo J. Fallon of counsel), for plaintiffs. Penney & Penney (Charles P. Penney of counsel), for defendant.


REGIS O'BRIEN, J.

During the trial the name of "Walter Frank, doing business as Dollar Fifty Trailer Service" was eliminated from the title and his alleged cause of action dismissed on the merits, without costs, pursuant to a stipulation in open court of the attorneys for the parties.

It appears from the evidence, and I find, that Monroe Frank, doing business under the assumed name of "Dollar Fifty Trailer Rental" had advertisements published...

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