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Eilat Limousine Serv. for All v. Eilat Car

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1995
221 A.D.2d 272 (N.Y. App. Div. 1995)

Opinion

November 28, 1995

Appeal from the Supreme Court, New York County (Salvador Collazo, J.).


Petitioner and respondent were incorporated in 1989 and 1993, respectively, and both are engaged in the car service business. Each entity advertised using a telephone number with the name "Eilat." Respondent also advertised its services under the name "Eilat Car Limousine Service."

The record reveals that respondent's violation of General Business Law § 133 was established "in a clear and convincing manner" ( Association of Contr. Plumbers v Contracting Plumbers Assn., 302 N.Y. 495, 498). Uncontradicted affidavits and supporting documents proved that respondent intentionally deceived two customers into believing that they were dealing with petitioner when they inadvertently telephoned respondent's business. Under the circumstances, the IAS Court should have enjoined respondent from using the name "Eilat Car Limousine Service" in connection with its business, and not merely with respect to its advertising ( see, First Natl. City Bank v First Natl. City Bank Trust Co., 52 A.D.2d 776). Respondent is permitted to use the full name under which it was incorporated — Eilat Transportation, Inc. — with respect to its business.

Concur — Sullivan, J.P., Ellerin, Ross, Nardelli and Tom, JJ. [As amended by unpublished order entered Feb. 6, 1996.]


Summaries of

Eilat Limousine Serv. for All v. Eilat Car

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1995
221 A.D.2d 272 (N.Y. App. Div. 1995)
Case details for

Eilat Limousine Serv. for All v. Eilat Car

Case Details

Full title:EILAT LIMOUSINE SERVICE FOR ALL, INC., Appellant, v. EILAT CAR LIMOUSINE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 28, 1995

Citations

221 A.D.2d 272 (N.Y. App. Div. 1995)
634 N.Y.S.2d 86

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