
    EASTMAN KODAK CO., Respondent, v. GENNERT et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    March 12, 1913.)
    Action by the Eastman Kodak Company against Maurice Gottlieb Gennert and others.
   PER CURIAM.

Judgment modified as to the appealing defendants, by eliminating therefrom the provision, “And from putting out, selling, distributing, giving away, or offering for sale, as ‘Kodak Acid Fixing Powder,’ any acid fixing powder other than that put upon the market by the plaintiff, Eastman Kodak Company, in plaintiff’s cartons,” and, as thus modified, affirmed, without costs of this appeal to either party. See, also, 145 App. Div. 903, 904, 129 N. Y. Supp. 1120. Reargument denied, 140 N. Y. Supp. 1117.

McLENNAN, P. J.,

dissents, and votes for affirmance. FOOTE, J., not sitting.  