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LIBRANDI v. BERNER'S CORP.

23 Misc.2d 224 (1960)

Carl Librandi, Doing Business as Librandi Pharmacy, Plaintiff, v. Berner's Pharmacy Corp., Defendant.

Supreme Court, Special Term, New York County.

February 18, 1960.

Attorney(s) appearing for the Case

Walsh, Aarons, Salonger & Fleishaker (Matthew L. Salonger of counsel), for plaintiff.

Frederick P. Glick and Shirley D. Brinsfield for defendant.

ARON STEUER, J.

This is a motion for a preliminary injunction in an action for a permanent injunction pursuant to the Fair Trade Law (General Business Law, § 369-a et seq.) Both parties are retail druggists. That the action can be maintained by a competitor as well as a manufacturer is now settled (Calamia v. Goldsmith Bros., 299 N.Y. 636). Both parties have stores in New York's lower east...

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