Majority
p. 739Joseph Goldinger et al., Doing Business under the Name of Joseph Goldinger Fabrics Co., Respondents, v. Jerry Gilden Specialties, Inc., Defendant, and Fair Made Cottons, Inc., Appellant.
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
p. 740
leave 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.