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CHARLES F. RYAN & SON, INC. v. LANCASTER HOMES, INC.

15 N.Y.2d 812 (1965)

Charles F. Ryan & Son, Inc., et al., Appellants, v. Lancaster Homes, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Mitchell T. Williams and Richard L. Engel for appellants.

Thomas Laverne and Angelo G. Faraci for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Dissent: Judge VAN VOORHIS.

Order affirmed, with costs; no opinion.

Judge VAN VOORHIS dissents in part and votes to modify the order appealed from by requiring respondents in their advertising to make reference to Lancaster Homes, Inc., or to make some other suitable designation to distinguish their enterprise from that of plaintiffs which had been conducted under the name of "Homes by Ryan" prior to respondents' entry into the area, for the reasons stated by NEWTON, J., at Trial...

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