Opinion
Argued January 16, 1964
Decided February 20, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL M. GOLD, J.
Lewis A. Stern and Leon Silverman for appellant.
David W. Kahn and William M. Kahn for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Judges FULD and BERGAN dissent and vote to reverse and to dismiss the complaint upon the ground that the complaint fails to state a cause of action under the Lanham Act.