MARDER v. BETTY'S BEAUTY SHOPPE


38 Misc.2d 687 (1962)

Jean Marder, Respondent, v. Betty's Beauty Shoppe, Defendant, and Aaron H. Garfinkel, Appellant.

Supreme Court, Appellate Term, Second Department.

October 3, 1962


Attorney(s) appearing for the Case

Rayner & Swerdloff (Seymour Rayner of counsel), for appellant. Wynne B. Stern, Jr., and Wynne Stern for respondent.

Concur — HART, DI GIOVANNA and BROWN, JJ.


Per Curiam.

Motion for reargument granted and upon reargument the decision on the appeal is amended to read as follows:

Order unanimously reversed, with $10 costs to appellant, motion granted, judgment vacated, complaint dismissed and restitution directed to be made within 10 days after service of a copy of the order hereon, with notice of entry.

The judgment against the trade name herein is a nullity because there is no provision of law which...

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