Motor Club of America v. Curran

274 A.D. 1083, 85 N.Y.S.2d 552, 1949 N.Y. App. Div. LEXIS 6153

Opinion

Appeal from an order of the Supreme Court, Albany Special Term, which confirmed respondent’s determination and denied petitioner-appellant’s application for a review under article 78 of the Civil Practice Act. Respondent refused to accept and file a certificate of authority for petitioner-appellant to do business in this State under the name “Motor Club of America” on the ground that such name too closely resembled a name already in use, to wit, “ The Automobile Club of America, Inc.” We cannot say that respondent, acting in an administrative capacity, did not have a reasonable basis for his determination. If the matter was debatable the choice was his and his determination is not subject to judicial interference. Order unanimously affirmed, with $10 costs and disbursements. Present — Poster, P. J., Heffernan, Brewster, Deyo and Santry, JJ. [193 Misc. 157.] [See 275 App. Div. 727.]