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DAVID B. FINDLAY, INC. v. FINDLAY

18 N.Y.2d 12 (1966)

David B. Findlay, Inc., et al., Respondents, v. Walstein C. Findlay, Jr., et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Milton Pollack and Francis E. Koch for appellants.

J. Kenneth Campbell and Alexander Neave for respondents.

Chief Judge DESMOND and Judges VAN VOORHIS and BERGAN concur with Judge KEATING; Judge BURKE dissents and votes to reverse in an opinion in which Judges FULD and SCILEPPI concur.

KEATING, J.

When should a man's right to use his own name in his business be limited? This is the question before us.

The individual plaintiff David B. Findlay ("David") and the individual defendant Walstein C. Findlay ("Wally") are brothers. The Findlay art business was founded in 1870 by their grandfather in Kansas City. Their father continued and expanded the business with a Chicago branch managed by...

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