NORDEN v. SONS OF REVOLUTION


51 N.Y.2d 518 (1980)

Norden Restaurant Corporation, Respondent, v. Sons of the Revolution in the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1980.


Attorney(s) appearing for the Case

William T. Livingston, III, for appellant.

Joseph D. De Salvo for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

The sole question before us on this appeal is whether Special Term properly denied defendant's motion for summary judgment on its third counterclaim, in which defendant sought to enjoin plaintiff "from using the name Fraunces Tavern, from using any name other than Fraunces Tavern Restaurant". We hold that defendant is entitled to such injunctive relief.

Defendant owns the building at 54 Pearl...

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