McDERMOTT v. EDWARDS


106 A.D.2d 819 (1984)

Henry J. McDermott et al., Appellants, v. Terry Edwards et al., Respondents

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

December 20, 1984


The sole issue raised by this appeal is whether Special Term erred in finding that plaintiffs did not establish a clear prior right to the use of their trade and corporate names such that defendants should be preliminarily enjoined from using a trade and corporate name remarkably similar to that of plaintiffs. While plaintiffs claim that they filed a certificate of doing business in the Albany County Clerk's office on April 10, 1984, under the name of Empire State Brick Facing...

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