Appellate Division of the Supreme Court of New York, 1936

Bard-Parker Co. v. Crescent Surgical Sales Co.

Bard-Parker Co. v. Crescent Surgical Sales Co.
Appellate Division of the Supreme Court of New York · Decided February 15, 1936
247 A.D. 716
Bard-Parker Co. v. Crescent Surgical Sales Co.

Opinion of the Court

Order, so far as appealed from, granting plaintiff’s motion for an injunction pendente lite, affirmed, with *717ten dollars costs and disbursements. No opinion. Present — MeAvoy, Townley, Untermyer and Dore, JJ.; Untermyer, J., dissents in part: The order should be modified so as to permit the appellants truthfully to state their previous connection with the surgical blades heretofore sold by the plaintiff, and also to permit the appellants truthfully to state that the blades now sold by them are identical, except as to the source of origin of manufacture, with the blades now manufactured by the plaintiff. In other words, the order should be modified to permit the appellants to advertise the truth.

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