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SAMPLE, INC. v. PORRATH

41 A.D.2d 118 (1973)

The Sample, Inc., et al., Appellants, v. Theresa Porrath et al., as Copartners Doing Business under the Name of The Sample Shop, Respondents

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

February 16, 1973.

Attorney(s) appearing for the Case

Kavinoky, Cook, Hepp, Sandler, Gardner & Wisbaum (Arnold B. Gardner and Joseph E. Zdarsky of counsel), for appellants.

Runals, Broderick, Shoemaker, Rickert, Berrigan & Doherty (Clarence R. Runals of counsel), for respondents.

DEL VECCHIO, WITMER, CARDAMONE and SIMONS, JJ., concur.

GOLDMAN, P. J.

In this action appellants, The Sample, Inc. and The Sample of Buffalo, Inc., appeal from a judgment denying their application for a declaratory judgment permitting them to use the trade name "Sample" in connection with a proposed new retail outlet in the Town of Wheatfield, Niagara County, New York. The order denying appellants this requested relief granted the respondents, Theresa Porrath, Samuel...

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