Opinion
April 27, 1998
Appeal from the Supreme Court, Rockland County (Sherwood, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
After the defendant made out a prima facie case for summary judgment, the plaintiff failed to come forward with sufficient evidence to create a triable issue of fact as to whether it was entitled to exclusive use of the terms "P.B.A." or "Benevolent Association" ( see, e.g., Allied Maintenance Corp. v. Allied Mech. Trades, 42 N.Y.2d 538; Thompson Med. Co. v. Pfizer Inc., 753 F.2d 208; Telford Home Assistance v. TPC Home Care Servs., 211 A.D.2d 674; see also, National Assn. for the Advancement of Colored People v. N.A.A.C.P. Legal Defense Fund Educ. Fund, 753 F.2d 131, cert denied 472 U.S. 1021).
Rosenblatt, J.P., Miller, Ritter, and Copertino, JJ., concur.