The findings of fact in the opinion at Special Term are reversed insofar as they are inconsistent herewith and new findings are made herewith as indicated herein. The summary relief authorized by section 964 of the Penal Law should be invoked only when there is such conclusive evidence of intent to deceive the public, and such an absence of factual issue, as would, in an appropriate case, authorize a summary judgment (Association of Contr. Plumbers v. Contracting Plumbers...
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