Bonomo Culture Institute, Inc. v. Fawcett Marketing Services

Appellate Division of the Supreme Court of New York

Bonomo Culture Institute, Inc. v. Fawcett Marketing Services

88 A.D.2d 560, 450 N.Y.S.2d 749, 1982 N.Y. App. Div. LEXIS 16715

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 25, 1982

StatusPublished

This text of 88 A.D.2d 560 (Bonomo Culture Institute, Inc. v. Fawcett Marketing Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bonomo Culture Institute, Inc. v. Fawcett Marketing Services, 88 A.D.2d 560, 450 N.Y.S.2d 749, 1982 N.Y. App. Div. LEXIS 16715 (N.Y. Ct. App. 1982).

Pincite

Opinion

— Order, Supreme Court, New York County (Cahn, J.), entered January 28,1981 granting defendants’ motions to dismiss the amended complaint as to the claim of unfair competition and directing the entry of judgment in favor of defendants with respect to said claim, and granting defendants’ motions to dismiss the amended complaint as to the claim of appropriation of trade secrets, without prejudice to plaintiff serving a second amended complaint, is unanimously affirmed, with costs. We construe the court’s dismissal of the unfair competition claim as relating to the claim (abandoned by plaintiff on this appeal) of passing off defendant Globe’s books as those of plaintiff. As there is no appeal by defendants, we do not consider whether the last sentence of CPLR 3211 (subd [e]) governing leave to replead had been complied with. Concur — Kupferman, J. P., Sullivan, Markewich and Silverman, JJ.

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— Order, Supreme Court, New York County (Cahn, J.), entered January 28,1981 granting defendants’ motions to dismiss the amended complaint as to the claim of unfair competition and directing the entry of judgment in favor of defendants with respect to said claim, and granting defendants’ motions to dismiss the amended complaint as to the claim of appropriation of trade secrets, without prejudice to plaintiff serving a second amended complaint, is unanimously affirmed, with costs. We construe the court’s dismissal of the unfair competition claim as relating to the claim (abandoned by plaintiff on this appeal) of passing off defendant Globe’s books as those of plaintiff. As there is no appeal by defendants, we do not consider whether the last sentence of CPLR 3211 (subd [e]) governing leave to replead had been complied with. Concur — Kupferman, J. P., Sullivan, Markewich and Silverman, JJ.

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Bluebook (online)

88 A.D.2d 560, 450 N.Y.S.2d 749, 1982 N.Y. App. Div. LEXIS 16715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonomo-culture-institute-inc-v-fawcett-marketing-services-nyappdiv-1982.