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MATTER OF AFFILIATED DISTILLERS BRANDS CORP. v. METRO. PACKAGE STORES ASS'N, INC.

23 A.D.2d 650 (1965)

In the Matter of Affiliated Distillers Brands Corp. et al., Respondents, v. Metropolitan Package Stores Association, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 1965

Order, entered on January 5, 1965, unanimously affirmed, with $30 costs and disbursements to petitioners-respondents.

Special Term has ordered an examination of respondents in order to frame a complaint pursuant to CPLR 3102 (subd. [c]). We agree that respondents have shown a meritorious case for this relief. The only difficulty presented is that respondents have framed their request as a special proceeding and appellants argue that they were thereby prevented from...

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