REFRIGERATION SALES CO. v. YORK CORP.


32 Misc.2d 231 (1961)

Refrigeration Sales Co., Inc., Plaintiff, v. York Corporation et al., Defendants.

Supreme Court, Special Term, Kings County.

November 21, 1961


Attorney(s) appearing for the Case

Jaffin, Schneider, Kimmel & Galpeer for defendants. Harold H. Boxer for plaintiff.


JOHN E. CONE, J.

In an action based upon fraud and breach of contract the defendants move pursuant to rule 111 of the Rules of Civil Practice, to dismiss plaintiff's affirmative defense to defendants' counterclaim for goods sold and delivered. In substance the affirmative defense alleges that defendants violated the antitrust laws of the United States by entering into contracts in restraint of trade, illegally fixing prices by controlling the resale prices...

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