FISCHEL & CO. v. MACY & CO.


20 N.Y.2d 180 (1967)

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

Court of Appeals of the State of New York.

Decided July 7, 1967.


Attorney(s) appearing for the Case

James W. Lamberton, Edwin L. Gasperini, Gerald E. Murray and Roger J. Weiss for appellant-respondent.

Emanuel Becker, Lester H. Schreiber, John M. Schwartz and James R. Hawkins II for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, John B. Cross and Karl E. Nisoff of counsel), amicus curiæ.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and KEATING concur with Judge VAN VOORHIS; Judge BREITEL taking no part.


VAN VOORHIS, J.

Plaintiff is the exclusive distributor of Carstairs whiskey and Wolfschmidt vodka. The threshold problem in affirming the Feld-Crawford Act (General Business Law, § 369-a et seq.) injunction prohibiting the retailing by defendant of these branded liquors at less than the prices fixed by the distiller (or its distributor) is that the injunction takes no account of the fundamental changes...

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