Ordered that the judgment is reversed insofar as cross-appealed from, on the law and the facts, and the complaint is dismissed; and it is further,
Ordered that the appeal from the judgment is dismissed as academic, in light of our determination on the cross appeal; and it is further,
Ordered that one bill of costs is awarded to the defendant.
To sustain a cause of action to recover damages for unfair competition through the use of a trade name, the...
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