GERARD, INC. v. MAY & CO.


51 Misc.2d 711 (1966)

Maxine Gerard, Inc., et al., Plaintiffs, v. William B. May & Company et al., Defendants.

Supreme Court, Special Term, New York County.

July 13, 1966


Attorney(s) appearing for the Case

Clark, Gagliardi, Gallagher & Smith for William B. May & Company and another, defendants. Karpatkin, Ohrenstein & Karpatkin for plaintiffs. Shagan, Edwinn & Golomb for E. Stephen Brekstone and another, defendants. George J. Conway for John P. Streb, defendant.


GERALD P. CULKIN, J.

This is an action by plaintiffs against defendants seeking injunctions and damages. The defendants move for an order dismissing the first, fifth, sixth, seventh, eighth and ninth causes of action as insufficient.

As to the first cause of action, defendants allege that under the Nasman case, cited in all the briefs (49 N.Y.S.2d 181), section 340 of the General Business Law, which prohibits the restraint of trade, does...

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