Goldinger v. Jerry Gilden Specialties, Inc.

Appellate Division of the Supreme Court of New York

Goldinger v. Jerry Gilden Specialties, Inc.

3 A.D.2d 739, 160 N.Y.S.2d 233, 1957 N.Y. App. Div. LEXIS 6119

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

DecidedMarch 19, 1957

StatusPublished

This text of 3 A.D.2d 739 (Goldinger v. Jerry Gilden Specialties, 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

Goldinger v. Jerry Gilden Specialties, Inc., 3 A.D.2d 739, 160 N.Y.S.2d 233, 1957 N.Y. App. Div. LEXIS 6119 (N.Y. Ct. App. 1957).

Pincite

Opinion

The second cause of action is insufficient to state a cause of action against the appealing defendant. There are no allegations to establish a palming off or violation of any contract or confidence on appellant’s part. No more appears than a permissible copying of a design and fabric open to the trade. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with [740]*740leave to the plaintiffs to serve an amended complaint, if they possess facts which warrant it, within 20 days after service upon their attorney of a copy of the order to be entered hereon, with notice of entry thereof. Concur — Peek, P. J., Rabin, Frank, McNally and Bergan, JJ.

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The second cause of action is insufficient to state a cause of action against the appealing defendant. There are no allegations to establish a palming off or violation of any contract or confidence on appellant’s part. No more appears than a permissible copying of a design and fabric open to the trade. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with [740]*740leave to the plaintiffs to serve an amended complaint, if they possess facts which warrant it, within 20 days after service upon their attorney of a copy of the order to be entered hereon, with notice of entry thereof. Concur — Peek, P. J., Rabin, Frank, McNally and Bergan, JJ.

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Bluebook (online)

3 A.D.2d 739, 160 N.Y.S.2d 233, 1957 N.Y. App. Div. LEXIS 6119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldinger-v-jerry-gilden-specialties-inc-nyappdiv-1957.