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L & P ELEC. CO. v. KORVETTE, INC.

35 Misc.2d 399 (1962)

L & P Electric Co., Inc., Plaintiff, v. E. J. Korvette, Inc., Defendant.

Supreme Court, Special Term, New York County.

June 1, 1962

Attorney(s) appearing for the Case

Morton Gitter for defendant. Austin A. Laber (Mudge, Stern, Baldwin & Todd of counsel), for plaintiff.

OWEN McGIVERN, J.

Defendant moves for dismissal of the complaint for legal insufficiency. The action based upon section 369-b of the General Business Law is brought for a permanent injunction restraining defendant from selling air conditioners manufactured by the Fedders Corporation, below the minimum prices fixed by plaintiff. Plaintiff claims status as an exclusive distributor of the maker of the trade-marked...

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