Genadeen Caterers, Inc., et al., Appellants, v. Hotel Genadeen, Inc., et al., Respondents

Genadeen Caterers, Inc., et al., Appellants, v. Hotel Genadeen, Inc., et al., Respondents. (Appeal No. 1.) [MAJORITY] —In an action to restrain the use by defendants of the name “ Genadeen ” in any fashion in connection with defendants’ catering business, judgment was entered in favor of plaintiffs restraining such use in conjunction with the operation of defendants’ catering business, whether within or without defendants’ hotel premises, upon a decision which directed judgment enjoining defendants from using the name “ Genadeen ” in conjunction with the catering business or the service of food at defendants’ hotel premises. Plaintiffs appeal from an order, entered September 29, 1949, denying their motion to resettle the judgment so as to conform the judgment to the decision. Appeal dismissed-, with $10 costs and disbursements, on the grounds that (1) the order is not appealable (Bergin v. Anderson, 216 App. Div. 844); and (2) the order has been superseded by an order resettling the order appealed from. However, even if the appeal were properly here, the order would be affirmed. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.