VICTOR FISCHEL & CO., INC. v. R. H. MACY & CO., INC.


26 A.D.2d 539 (1966)

Victor Fischel & Company, Inc., Respondent-Appellant, v. R. H. Macy & Co., Inc., Appellant-Respondent

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

June 28, 1966


Judgment unanimously modified, on the law and on the facts, to the extent of deleting the provision awarding damages to plaintiff, and otherwise affirmed, with $50 costs and disbursements to plaintiff.

While the record sustains the injunction against price cutting by defendant, it is insufficient in our opinion to support the award of damages. Having been informed that numerous named retailers were selling plaintiff's products to defendant's shoppers at less than...

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