Appellate Division of the Supreme Court of New York, 1953

Pollock v. Paul H. Pollock, Inc.

Pollock v. Paul H. Pollock, Inc.
Appellate Division of the Supreme Court of New York · Decided November 13, 1953
282 A.D. 932; 1953 N.Y. App. Div. LEXIS 5471
Pollock v. Paul H. Pollock, Inc.

Opinion of the Court

Judgment reversed and complaint dismissed on the ground that the evidence fails to disclose any fraud, misrepresentation, deceit, unfairness, or palming off by defendants, and that there was no proof of confusion or likelihood of confusion on the part of the public, or other proof of unfair trade on the part of the defendants. Present — Peek,

P. J., Dore, Cohn, Callahan and Bergan, JJ.; Dore, J., dissents and votes to affirm. Settle order on notice. [See ante, p. 930.]

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