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Sackett Lake Country Club, Inc. v. Green, Baxt & Goldberg, Inc.

272 A.D.2d 1095 Court N.Y. App. Div. Decision date 1947-11-19 English

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p. 1095
Sackett Lake Country Club, Inc., Doing Business as Congress Hotel at Sackett Lake, Respondent, v. Green, Baxt and Goldberg, Inc., Appellant.

Appeal from an order of the Albany County Special Term, Supreme Court, which enjoined pendente lite the defendant-appellant from using the name “ Congress Hotel ”, and denied defendant’s cross motion for similar relief. Under the circumstances disclosed neither motion should have been granted and the action should have been remanded for a speedy trial. Order reversed, with $10 costs and disbursements, insofar as it enjoins defendant-appellant, and affirmed insofar as it denies defendant-appellant’s motion for an injunction pendente lite. Hill, P. J., Heffernan, Foster and Russell, JJ., concur; Brewster, J., taking no part.