Association of Contracting Plumbers of the City of New York, Inc., Respondent v. Contracting Plumbers Association…

Summary

The New York Court of Appeals held that a permanent injunction under section 964 of the Penal Law may be granted only when the plaintiff shows, by clear and convincing evidence, an intent to deceive the public. Because the respondent’s use of the name did not meet that burden, the Court reversed the lower court’s injunction and dismissed the petition.