Plaintiff commenced quiet title action to establish ownership of three parcels. Plaintiff’s claim was not based on adverse possession. At his deposition plaintiff testified he had no documents to establish ownership of the parcels. Defendant then sought to amend her answer to assert Statute of Frauds as an affirmative defense. The Lower Court denied leave to amend. The Appellate Court reversed and granted leave to amend.  The Second Department reasoned that discovery was still incomplete, there was no prejudice to plaintiff, and leave to amend shall be freely granted.

Injunctive relief granted to manufacturer of automotive paint sealant sold under the trademark Polyglycoat against manufacturer of paint sealant remover sold under the trademark Polycracker. Plaintiff only had to demonstrate the likelihood of confusion and not actual confusion as to the marks in the marketplace. While the two products are non-competing, the similarity of the marks and their sale in the automotive industry warranted granting a preliminary injunction against the use of the infringing trademark.

State court action to impose constructive trust on monies held by defendant was removed to federal court. IRS then intervened to charge its tax lien against the funds held by defendant. Court held that if defendant was a constructive trustee of the funds for the benefit of the plaintiff, the defendant had an insufficient interest in the funds to support the government’s tax lien.