BUFFALO FIRE & SAFETY EQUIP. CO., INC. v. BUFFALO VIKING MACH. TOOL CORP.


89 A.D.2d 798 (1982)

Buffalo Fire and Safety Equipment Co., Inc., Appellant, v. Buffalo Viking Machine Tool Corporation, Respondent

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

July 9, 1982


Order unanimously affirmed, with costs.

Memorandum:

Plaintiff Buffalo Fire and Safety Equipment Co. appeals from an order denying its motion for summary judgment enjoining defendant from using the business name of Buffalo Fire Protection. We affirm. The complaint asks for relief based on the antidilution statute (General Business Law, § 368-d), but, liberally construed, it may also state a cause of action based upon unfair competition. On this motion...

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