Consumer Co. v. Orig. Green Stamp Co.

1 Citing case

  1. Matter of Van Curler Corp. v. Fairview

    32 Misc. 2d 1064 (N.Y. Sup. Ct. 1962)

    It has been held that before the remedy provided by section 964 should be granted the proof in support of the application should be clear and convincing that the statute is or may be violated or that the public is in present danger of harm through deception. ( Association of Contr. Plumbers v. Contracting Plumbers Assn., 302 N.Y. 495; Matter of Alexander's Dept. Stores v. Cohen, 295 N.Y. 557; Matter of Industrial Plants Corp. v. Industrial Liquidating Co., 286 App. Div. 568; Matter of Fischer Spring Co. v. Fischer, 3 A.D.2d 475; Matter of Heimowitz v. Steri-Clean Co., 11 Misc.2d 919; 3 Hour Laundry Dry Cleaning Stores v. Swan Cleaners Syracuse Corp., 25 Misc.2d 597; Consumer Profit Sharing Co. v. Original Green Stamp Co., 29 Misc.2d 900.) In Association of Contr. Plumbers v. Contracting Plumbers Assn. ( supra, pp. 498, 502) the court in discussing section 964 of the Penal Law stated as follows: "When the Legislature enacted section 964 of the Penal Law, it provided a new and summary proceeding not heretofore available by which an aggrieved party in a proper case, could obtain speedy and drastic relief without the delays incident to a plenary action ( Matter of Julius Restaurant v. Lombardi, 282 N.Y. 126).