BULOVA WATCH CO. v. S. KLEIN ON THE SQUARE


199 Misc. 818 (1951)

Bulova Watch Company, Inc., Plaintiff, v. S. Klein On the Square, Inc., Defendant. Benrus Watch Company, Inc., Plaintiff, v. S. Klein On the Square, Inc., Defendant. Longines-Wittnauer Watch Co., Inc., Plaintiff, v. S. Klein On the Square, Inc., Defendant.

Supreme Court, Special Term, New York County.

June 11, 1951.


Attorney(s) appearing for the Case

Sanford H. Cohen for Bulova Watch Company, Inc., plaintiff.

Eugene Eisenman, Edwin P. Kaufman and Robert Dillof for Benrus Watch Company, Inc., plaintiff.

Arthur G. Warner for Associated Credit Jewelers of New York and New Jersey, Inc., amicus curiæ.

Jesse Freidin, Sidney A. Diamond, Emanuel L. Gordon and Ludwig Mandel for defendant.


McNALLY, J.

These three cases are almost identical actions under the New York Feld-Crawford Act (General Business Law, art. 24-a) to enjoin the defendant from selling watches at retail, below the fair-trade prices fixed by the plaintiffs, the manufacturers thereof. The defendant is not a party to any minimum resale price maintenance contract with any of the plaintiffs; it is a so-called nonsigner. The Feld-Crawford...

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