Opinion
Argued October 15, 1951
Decided December 6, 1951
Appeal from the Supreme Court, Appellate Division, First Department, ISIDOR WASSERVOGEL, Off. Ref.
Charles H. Tuttle, Herbert S. Greenberg, Stoddard B. Colby and Monroe J. Cahn for appellants.
Bernard Phillips, J. Norman Lewis and James P. Durante for respondents.
Judgment modified by striking therefrom so much thereof as awards money damages against defendants George Ogens, doing business as Ansonia Sign Company, and Miracle Sell-It Sign Corp. and, as so modified, affirmed, without costs. It was proper to grant this injunctive relief against all the defendants, but we see no basis in this record for a money judgment against defendants Ogens and Miracle, since there is nothing to show any connection of either of those defendants with the transaction or transactions involving the 3,565 "Graybar" signs. No opinion. intersection, and that such sign had not been replaced until
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE. FULD and FROESSEL, JJ.