AVON PRODS. v. BERSON


206 Misc. 900 (1954)

Avon Products, Inc., Plaintiff, v. Joseph Berson et al., Doing Business under the Name of B & B Pharmacy, Defendants.

Supreme Court, Special Term, New York County.

November 29, 1954.


Attorney(s) appearing for the Case

Bernard Weitzman for defendants.

Breed, Abbott & Morgan for plaintiff.


EDER, J.

Defendants move, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for failure to state a cause of action.

This case presents the question of the limits of judicial intervention in our system of free enterprise. The problem involved is that of balancing the right of a manufacturer to have his method of sales distribution of products protected from wrongful interference as...

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