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GASOLINE HEAVEN v. NESCONSET

191 Misc.2d 646 (2002)

743 N.Y.S.2d 825

GASOLINE HEAVEN AT COMMACK, INC., Doing Business as GAS HEAVEN and Doing Business as GASOLINE HEAVEN, Plaintiff, v. NESCONSET GAS HEAVEN, INC., Defendant.

Supreme Court, Suffolk County.

May 16, 2002.

Attorney(s) appearing for the Case

Pachman & Pachman, P.C., Commack, for plaintiff.

Gino L. Girgini, III, P.C., Deer Park, for defendant.

OPINION OF THE COURT

THOMAS F. WHELAN, J.

Ordered that the motion by plaintiff seeking an order, pursuant to CPLR 6311, preliminarily enjoining and restraining defendants, during the pendency of this action, from utilizing the name "Gas Heaven," is granted.

Plaintiff commenced this action, sounding in trade name/mark infringement, dilution, and unfair business competition, for a judgment permanently enjoining...

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