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MERCH. SUPPLIERS v. PHOTO-MARKER CORP.

29 A.D.2d 94 (1967)

Merchant Suppliers Paper Co., Inc., et al., Respondents, v. Photo-Marker Corporation et al., Appellants

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

December 26, 1967.

Attorney(s) appearing for the Case

James P. Durante of counsel (Lawrence W. Boes with him on the brief; Reavis & McGrath, attorneys), for Photo-Marker Corporation, appellant.

Martin W. Fogel of counsel (Ruben Schwartz, attorney), for Corio Fashions, Inc., appellant.

Benjamin Gassman of counsel (Raphael, Searles & Vischi, attorneys), for respondents.

STEVENS, P. J., CAPOZZOLI, McNALLY and BASTOW, JJ., concur.

RABIN, J.

This is an appeal from an order of the Supreme Court, Special Term, which granted plaintiffs' motion for a preliminary injunction, and denied a cross motion by the defendants for an order dismissing the complaint for failure to state a cause of action; and, from an order denying defendants' motion for reargument.

Plaintiffs for some time preceding this action were engaged in the manufacture,...

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