Opinion
July 5, 1961
In an action: (1) to enjoin defendants from using the words "Democratic" and "Regular Democratic" and from using the star, the official emblem of the Democratic Party, and for related injunctive relief; and (2) for an accounting, defendants appeal, as limited by their brief and by written stipulation, from so much of an order of the Supreme Court, Queens County, dated March 7, 1961, as denied their cross motion, made in their individual capacity, to dismiss the complaint pursuant to subdivisions 1, 2 and 4 of rule 106 of the Rules of Civil Practice. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Defendants' time to answer the complaint is extended until 20 days after entry of the order hereon. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.