King Refrigerator Corp. v. King Metal Products, Inc.

274 A.D. 799, 79 N.Y.S.2d 384, 1948 N.Y. App. Div. LEXIS 3398

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 7, 1948
• Status: Published

Opinion

Action to restrain the defendant from manufacturing and selling ice refrigerators under its corporate name, and requiring it to desist its unfair competition. On the previous appeal we held the complaint to be sufficient as a matter of mere pleading (271 App. Div. 929). After a trial, Special Term dismissed the complaint, and plaintiff appeals. Judgment unanimously affirmed, with costs. (Baff v. Dog & Cat Food Products, Inc., 259 App. Div. 923, affd. 285 N. Y. 793.) Present — Johnston, Acting P. J., Adel, Nolan, Sneed and Wenzel, JJ.