In this proceeding, instituted pursuant to section 964 of the Penal Law, petitioner seeks an order to restrain respondents from the use of the name "Lundy's".
The pertinent section (Penal Law, § 964) provides for a summary injunction proceeding in which a determination may be reached on affidavits alone. The statute makes it a misdemeanor for a person, firm or corporation to use a name for advertising, trade or other purposes...
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