NATED CORP. v. WOOLWORTH CORP.


37 Misc.2d 472 (1962)

Nated Corp., Plaintiff, v. F. W. Woolworth Corp. et al., Defendants.

Supreme Court, Special Term, Queens County.

November 19, 1962


Attorney(s) appearing for the Case

Peirez, Karmiol & Rosenthal for plaintiff. Davies, Hardy & Schenck for F. W. Woolworth Corp., defendant.


NICHOLAS M. PETTE, J.

Plaintiff moves for a temporary injunction. Defendant F. W. Woolworth Corp. moves to dismiss the complaint on the ground that the court does not have jurisdiction over the subject matter or, in the alternative, for a stay of this action pending the outcome of two actions in the Federal court.

Defendant's motion to dismiss the complaint is denied. The cause of action stated therein, reasonably read, is not one for infringement...

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