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LE DRUGSTORE v. ST. BD. OF PHARM.

39 A.D.2d 380 (1972)

Le Drugstore Etats Unis, Inc., Respondent, v. New York State Board of Pharmacy et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 19, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Thomas P. Zolezzi of counsel), for appellants.

Rubin Wachtel Baum & Levin (Abraham G. Levin and Stephen A. Marshall of counsel), for respondent.

STALEY, JR., J. P., and KANE, J., concur with SWEENEY, J.; SIMONS and REYNOLDS, JJ., dissent and vote to reverse in an opinion by SIMONS, J.

SWEENEY, J.

This is an appeal from an order of the Supreme Court at Special Term, entered July 16, 1971 in Albany County, which denied defendants' motion for summary judgment and granted plaintiff's cross motion for summary judgment, and from the judgment entered thereon.

Special Term has determined in an action for a declaratory judgment that plaintiff has the right to use the name "Le Drugstore" for...

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