Opinion
March 29, 1949.
Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.
Plaintiff is entitled to partial summary judgment on its complaint and to summary judgment dismissing the second counterclaim. There may be triable issues on the first counterclaim as to defendant's right to use the name "Young Windows of America" after the termination of the contract period and his right to an injunction against plaintiff's using that name. Defendant fails to make any showing of damage which would serve to defeat plaintiff's admitted claim for royalties. Orders unanimously modified accordingly, with $20 costs and disbursements to the plaintiff-appellant. Settle orders on notice.