Opinion
November 10, 1953.
Present — Peck, P.J., Dore, Callahan, Breitel and Bastow, JJ. [See post, p. 932.]
Judgment unanimously reversed and the complaint dismissed upon 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 defendants. Settle order on notice.