Fay v. Lambourne — 196 N.Y. 575

Majority

p. 575

John T. Fay et al., Appellants, v. Herbert Lambourne et al., Respondents.

Headnote

Fay v. Lambourne, 124 App. Div. 245 , affirmed.

(Submitted November 15, 1909;

decided November 30, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 1, 1908, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial in an action to restrain the use of a trade name.

FranTdin Bien for appellants.

. Moses H. Grossman and Charles Golclzier for respondents.

p. 576

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ.