CARTER PRODS. v. RITEPRICE MDSE.


23 Misc.2d 230 (1960)

Carter Products, Inc., Plaintiff, v. Riteprice Merchandise, Inc., Defendant.

Supreme Court, Special Term, New York County.

February 5, 1960.


Attorney(s) appearing for the Case

Breed Abbott & Morgan (Robert A. Longman of counsel), for plaintiff.

W. Edward Woods for defendant.


ARON STEUER, J.

Plaintiff moves to strike out two separate defenses. The suit is a so-called fair-trade action (General Business Law, § 369-a et seq.) to restrain price cutting. The second and third defenses are under attack. The second defense alleges that plaintiff sells its products to certain other customers at lower prices than defendant can purchase them, and as these customers are in competition...

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