Chas-Mar Sea Food, Inc. v. Hynes Realty, Inc.

Appellate Division of the Supreme Court of New York

Chas-Mar Sea Food, Inc. v. Hynes Realty, Inc.

89 A.D.2d 613, 452 N.Y.S.2d 659, 1982 N.Y. App. Div. LEXIS 17712

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

DecidedJuly 26, 1982

StatusPublished

This text of 89 A.D.2d 613 (Chas-Mar Sea Food, Inc. v. Hynes Realty, Inc.) 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

Chas-Mar Sea Food, Inc. v. Hynes Realty, Inc., 89 A.D.2d 613, 452 N.Y.S.2d 659, 1982 N.Y. App. Div. LEXIS 17712 (N.Y. Ct. App. 1982).

Pincite

Opinion

In an action, inter alia, for injunctive relief based upon a claim of unfair competition, defendants appeal from a judgment of the Supreme Court, Putnam County (Beisheim, J.), dated May 22,1981, which was in favor of plaintiff in the principal sum of $4,497.06. Judgment reversed, on the law, with costs, and action dismissed. This was an action based upon a claim of unfair competition in that defendants improperly used the plaintiff’s name to deceive the public. There is no evidence in the record to support this cause of action, and the trial court so found. However, the court awarded plaintiff damages based upon an unlawful eviction from the premises it leased from defendants. There was no cause of action for unlawful eviction stated in the complaint and accordingly no basis for granting relief on such ground. Therefore, after concluding that plaintiff failed to establish unfair competition, the court should have dismissed the action. Mollen, P. J., Titone, Weinstein and Rubin, JJ., concur.

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In an action, inter alia, for injunctive relief based upon a claim of unfair competition, defendants appeal from a judgment of the Supreme Court, Putnam County (Beisheim, J.), dated May 22,1981, which was in favor of plaintiff in the principal sum of $4,497.06. Judgment reversed, on the law, with costs, and action dismissed. This was an action based upon a claim of unfair competition in that defendants improperly used the plaintiff’s name to deceive the public. There is no evidence in the record to support this cause of action, and the trial court so found. However, the court awarded plaintiff damages based upon an unlawful eviction from the premises it leased from defendants. There was no cause of action for unlawful eviction stated in the complaint and accordingly no basis for granting relief on such ground. Therefore, after concluding that plaintiff failed to establish unfair competition, the court should have dismissed the action. Mollen, P. J., Titone, Weinstein and Rubin, JJ., concur.

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Bluebook (online)

89 A.D.2d 613, 452 N.Y.S.2d 659, 1982 N.Y. App. Div. LEXIS 17712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chas-mar-sea-food-inc-v-hynes-realty-inc-nyappdiv-1982.