Majority
p. 836General Baking Company, Appellant, v. Abbott Baking Corporation, Respondent.
Headnote
Injunction — when motion for temporary order denied.Appeal from order of the Supreme Court, entered in the New York county clerk’s office January 28,1922, denying plaintiff’s motion for a temporary injunction. The injunction was sought pendente lite in an action to permanently restrain and enjoin the defendant, its servants, agents and employees, from infringement of plaintiff’s trade marks and from unfair competition in the imitation of plaintiff’s label or bread wrapper and for an accounting and damages.
Without expressing an opinion on the merits, we think the plaintiff did not make out a case entitling it to a temporary injunction. The order is, therefore, affirmed, with ten dollars costs and disbursements. Present — Dowling, Laughlin, Smith, Merrell and Greenbaum, JJ.; Dowling and Smith, JJ., dissent. Order affirmed, with ten dollars costs and disbursements.